Nigerian-American Engineer Appeals High Court Judgment on Real Estate Contract
Anthony Ugbebor, a Nigerian-American engineer, has petitioned the Lagos Court of Appeal to overturn a ruling by the Lagos State High Court regarding his contract with real estate developer Olukayode Olusanya and Oak Homes Multinational Services Limited. The lower court determined that the contract for the purchase of two luxury apartments had been extinguished under the doctrine of novation.
Legal Challenge Filed Against High Court Ruling
Through his attorneys, Nasir Salaw and Ibrahim Mahmood, Ugbebor filed a notice of appeal challenging the judgment delivered on June 15, 2026, by Justice Akinbola George at the Lagos State High Court, located in Osborne, Ikoyi.
Counterclaim Requests Specific Performance of Sales Contract
In his appeal, Ugbebor seeks to reverse the trial court’s decision and requests the Court of Appeal to mandate Oak Homes and Olusanya to fulfill the sales contract, thus delivering the two apartments as per the original agreement.
Background of Dispute Involving Luxury Apartments
The conflict stems from suit number LD/4471LM/2023, initiated by Olusanya and Oak Homes against Ugbebor and the Economic and Financial Crimes Commission (EFCC), alleging trespass concerning two three-bedroom luxury apartments situated at 14A Musa Yaruadoor Street, Victoria Island, Lagos. While the trial court dismissed many of the developer’s claims, it ruled that the parties’ subsequent actions constituted renovations, effectively nullifying the original sales contract and ordering a refund of ₦152 million that Ugbebor had previously paid.
Claims of Misapplication of Contract Law Principles
Dissatisfied with the ruling, Ugbebor contends that the trial judge misapplied fundamental contract law principles by suggesting that a new contractual relationship had replaced the original deal. He argues that no oral or written evidence confirms that both parties mutually agreed to such a replacement or intended to meet their original contractual obligations.
Dispute Over Payment Obligations and Milestones
Ugbebor further contests the finding that he defaulted on payment obligations, claiming that the lower court misinterpreted the agreed-upon payment structure outlined in the sales contract. He emphasizes that payments were contingent upon clearly defined construction milestones, rather than fixed dates. Specifically, the contract stipulated that 35 percent of the purchase price was payable upon the completion of the roofing stage, while the remaining 20 percent would be due only upon full completion of the apartment.
Evidence of Significant Payments and Burden of Proof Issues
The appellant asserts he has paid approximately ₦152 million, equating to around 80 percent of the agreed purchase price of ₦190 million, contrary to the developer’s claims of failing to meet construction milestones. Ugbebor points out that the evidence indicates he met substantial payment obligations, while the developer did not complete the project as per the contractual timelines. He also argues that the trial court erroneously shifted the burden of proof, requiring him to demonstrate a lack of breach instead of obligating the developer to prove its claims of contract violation.
Call for Appeal to Reverse Lower Court Findings
Ugbebor concludes that the trial court failed to adequately weigh the compelling evidence showing he made significant payments, totaling about $400,000 between November 2017 and December 2020, despite the project’s incompletion. He urges the Court of Appeal to allow his appeal, annul the findings related to the renovations, dismiss all claims by the developer, and compel Oak Homes and Olusanya to finalize the transaction and deliver the apartments as initially agreed.
