Supreme Court of Nigeria has dismissed an appeal by estate surveyor Philip Ojo against SDV Nigeria Limited and SCOA Nigeria Limited, upholding the Court of Appeal’s ruling in a dispute over a Lagos estate sale.
In a unanimous decision led by Justice Obande Ogbuinya, the court found Ojo’s appeal lacked merit, stating, “It is bereft of any morsel of merit and deserves the reserved penalty of dismissal.”
The court ordered each party to bear their own costs.
Ojo, operating as P.K. Ojo & Co., had claimed a $1.25 million agency commission, equivalent to N161.25 million at the time, plus 21% annual interest and N23.62 million in damages.
He alleged he introduced SDV Nigeria to a 20-acre property in Awodiora Industrial Estate, Kirikiri, Lagos, owned by SCOA Nigeria, but was excluded when SDV purchased it through an alleged agent, Adebola Adejobi.
Ojo argued he was entitled to a commission based on Nigerian Institute of Estate Surveyors and Valuers (NIESV) rates.
The Lagos High Court initially granted Ojo’s claim in part on December 24, 2013.
However, SDV Nigeria, represented by Charles Candide-Johnson, SAN, and Emmanuel Ekpenyong, successfully appealed.
The Court of Appeal, on April 22, 2016, overturned the trial court’s decision, finding no agency relationship existed between Ojo and SDV Nigeria.
Justice Ogbuinya affirmed this, noting, “The appellant did not establish any agency relationship with SDV Nigeria Ltd.”
Justice Abubakar Umar reinforced this, stating, “The 1st respondent’s refusal to reply the appellant’s letter of 25th July, 2006 was a clear statement that it was not disposed to engaging the appellant as an agent.”
The court also rejected Ojo’s argument that SDV Nigeria’s name change affected its legal capacity, citing Section 31(6) of the Companies and Allied Matters Act.
Justices Adamu Jauro, Moore Adumein, and Mohammed Garba concurred, solidifying the dismissal of Ojo’s appeal and upholding the appellate court’s ruling. (NAN)
