By Bayo Davids<\/p>\n
A Nigerian-American engineer, Anthony Ugbebor, has asked the Court of Appeal in Lagos to set aside a judgement of the Lagos State High Court which held that his agreement with property developer Olukayode Olusanya and Oak Homes Multinational Services Limited for the purchase of two luxury apartments had been extinguished by the doctrine of novation.<\/p>\n
In a Notice of Appeal filed through his counsel, Nasir Salau and Ibrahim Mahmud, Ugbebor is challenging the June 15, 2026 judgement delivered by Justice Akingbola George of the Lagos State High Court sitting at Osborne, Ikoyi.<\/p>\n
The appellant is urging the appellate court to overturn the decision and grant his counterclaim by ordering Oak Homes and Olusanya to specifically perform the sale agreement and deliver the two apartments in accordance with the terms of the contract.<\/p>\n
The dispute arose from Suit No. LD\/4471LM\/2023 instituted by Olusanya and Oak Homes Multinational Services Limited against Ugbebor and the Economic and Financial Crimes Commission (EFCC) over alleged trespass on two three-bedroom luxury apartments located at No. 14A Musa Yar’Adua Street, Victoria Island, Lagos.<\/p>\n
Although the trial court dismissed the bulk of the developers’ claims, it held that the parties’ subsequent conduct amounted to a novation, effectively extinguishing the original sale agreement. The court consequently ordered the refund of the \u20a6152 million already paid by Ugbebor.<\/p>\n
Dissatisfied with the judgement, Ugbebor argued that the trial judge misapplied settled principles of contract law by concluding that the original agreement had been replaced by a new contractual relationship.<\/p>\n
According to the grounds of appeal, there was neither oral nor documentary evidence establishing that the parties mutually agreed to substitute the existing contract or intended to discharge their original obligations.<\/p>\n
“The learned trial judge erred in law when he held that the agreement between the parties had been extinguished by novation in the absence of any evidence, oral or documentary, demonstrating an intention by the parties to replace the original contract,” the appellant stated in the Notice of Appeal.<\/p>\n
Ugbebor also challenged the finding that he defaulted in meeting his payment obligations, maintaining that the lower court failed to properly interpret the payment structure contained in the sale agreement.<\/p>\n
He argued that payments were linked to clearly defined construction milestones rather than fixed dates.<\/p>\n
According to him, the agreement required payment of 35 per cent of the purchase price upon completion of the roofing stage, while the outstanding 20 per cent became payable only after completion of the apartments.<\/p>\n
The appellant maintained that he had already paid about \u20a6152 million, representing approximately 80 per cent of the agreed purchase price of \u20a6190 million, despite the developer’s alleged failure to attain the agreed construction milestones.<\/p>\n
“The evidence before the court showed that the appellant fulfilled substantial payment obligations while the respondents failed to complete the project in accordance with the contractual milestones,” the appeal stated.<\/p>\n
Ugbebor further contended that the trial court wrongly shifted the burden of proof onto him instead of requiring the developers, who alleged breach of contract, to establish their claims.<\/p>\n
He also faulted the court’s evaluation of the evidence, arguing that it failed to give proper weight to his unchallenged testimony that he made substantial payments between November 2017 and December 2020, amounting to about $400,000, even though the project remained incomplete.<\/p>\n
“The lower court failed to properly evaluate the uncontroverted evidence showing that the appellant paid substantial sums towards the purchase of the apartments while construction remained incomplete,” the appeal added.<\/p>\n
Ugbebor is therefore asking the Court of Appeal to allow the appeal, set aside the findings on novation, dismiss the developers’ claims in their entirety, and grant his counterclaim by compelling Oak Homes and Olusanya to complete the transaction and hand over the apartments as originally agreed.<\/p>\n","protected":false},"excerpt":{"rendered":"
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