By Correspondent in Abuja.
The Supreme Court has dismissed an appeal filed by estate surveyor, Philip Ojo, against SDV Nigeria Limited and SCOA Nigeria Limited, in a protracted dispute over the sale of an industrial estate in Lagos.
In a unanimous decision, the apex court affirmed the judgment of the Court of Appeal, Lagos, which had set aside the ruling of the Lagos State High Court that partially favoured Ojo.
Delivering the lead judgment, Justice Obande Ogbuinya, held that the appeal lacked merit.
“On the whole, having resolved the live issues against the appellant, the destiny of the appeal is obvious. It is bereft of any morsel of merit and deserves the reserved penalty of dismissal. Consequently, I dismiss the appeal. The parties shall bear their respective costs,” Justice Ogbuinya ruled.
Our correspondent recalls that the case originated in 2007 when Ojo, trading as P.K. Ojo & Co., claimed he sourced Plots 9, 10, and 11 of Awodiora Industrial Estate, Kirikiri, Lagos, for SDV Nigeria through one Adebola Adejobi. The property, owned by SCOA Nigeria, was later purchased by SDV without involving him.
Ojo argued that he was entitled to agency commission of $1.25 million (₦161.25 million at the then exchange rate of ₦129/$1) and additional damages of ₦23.6 million, in line with the Nigerian Institute of Estate Surveyors and Valuers (NIESV) professional scale.
The trial court, presided over by Justice Oluyinka Gbajabiamila, partially upheld his claim in December 2013. But the Court of Appeal, in April 2016, overturned the decision, ruling that SDV Nigeria’s change of name did not affect its legal capacity to maintain an appeal.
Unconvinced, Ojo, represented by Chief A.A. Aribisala (SAN), approached the Supreme Court, urging it to reinstate the trial court’s ruling.
However, Justice Ogbuinya, agreeing with arguments by SDV’s counsel, Charles Candide-Johnson (SAN) and Emmanuel Ekpenyong, held that Ojo failed to establish any agency relationship with SDV.
“In the instant appeal, it cannot be said that the 1st respondent had manifested any conduct that portrayed Mr Adebola as its agent,” Justice Abubakar Umar, who supported the lead judgment, stated.
“In the absence of any prior letter of engagement, whatever the appellant had done before and after his letter of July 25, 2006, was gratuitous,” he added.
Justices Adamu Jauro, Moore Adumein, and Mohammed Garba concurred with the decision, sealing the fate of the nearly two-decade-long legal battle.
Edited by Dada Ahmed.
