Nigerian-American Engineer Seeks Appeal on High Court Ruling Over Luxury Real Estate Dispute
Anthony Ehiedu Ugbebolu, a Nigerian-American engineer, has filed an appeal with the Lagos Court of Appeal in an effort to overturn a High Court ruling that mandates the return of ₦152 million he invested in two luxury apartments on Victoria Island. Ugbebolu is advocating for the properties to be delivered to him rather than simply receiving a refund.
Dispute Origin and Legal Arguments Presented
In his notice of appeal, Ugbebolu contests the June 15, 2026 decision from the Lagos State High Court, which ruled in favor of real estate developer Olukayode Olusanya and his firm, Oak Homes Multinational Services Limited. The trial court had determined that the sale and purchase agreement was effectively dissolved under the doctrine of novation, a conclusion Ugbebolu claims is unjust.
Request to Reinstating Original Sales Contract
Ugbebolu’s appeal seeks to restore the initial sales contract, compel the developer to finalize the construction and hand over the apartments, and nullify the previous judgment. This case stemmed from suit number LD/4471LM/2023, in which Olusanya and Oak Homes pursued legal action against Ugbebolu and the Economic and Financial Crimes Commission (EFCC) over alleged trespass related to two three-bedroom units located within a larger property at 14A Musa Yar’Adua Street, Victoria Island, Lagos.
Court Ruling and Contractual Implications
While the High Court dismissed several claims made by the developer, Justice Akingbola George asserted that the parties’ interactions had effectively replaced the original contract with a new agreement based on the principle of novation. Consequently, the court ordered Oak Homes to reimburse Ugbebolu the ₦152 million already paid while rejecting any counterclaims for specific performance or damages.
Challenging the Trial Court’s Decisions
Dissatisfied with the ruling, Ugbebolu contends that the trial court misapplied established principles of contract law, overlooked critical evidence, and improperly dismissed the counterclaim. A central element of the appeal is Ugbebolu’s insistence that the original agreement still holds validity and enforceability.
Allegations of Misinterpretation and Burden of Proof
Ugbebolu maintains that the court incorrectly deemed his payments as in default, arguing that the payment schedule was contingent upon construction milestones rather than fixed deadlines. He claims to have already paid approximately 80% of the purchase price despite the developer’s alleged failure to meet construction milestones. Furthermore, he asserts that the trial court unjustly placed the burden of proof on him regarding payments, in contrast to requiring Oak Homes to demonstrate nonpayment, which he argues constitutes a breach of contract.
Arguments Against Novation Doctrine
The appeal also delves into the trial court’s reliance on the novation doctrine, with Ugbebolu contending that Justice George’s conclusion—that the parties’ conduct created a new contractual relationship invalidating the original contract—contradicts Nigeria’s contractual law principles. Citing the Supreme Court case of Heritage Bank Ltd. v. Ajugwo, he argues that a valid novation demands mutual agreement among all parties intending to extinguish existing obligations, which he alleges was unsupported by testimony or documentation in the case.
Counterclaims and Appeals for Specific Performance
Ugbebolu criticizes the trial court for denying his requests for specific performance, arguing that given evidence of the developer’s attempts to gain from alleged contract violations, the court ought to have compelled the completion and delivery of the apartments rather than merely ordering a refund. He stresses that contracts concerning real estate merit specific performance, as monetary compensation may not adequately address the losses incurred. He also points out that the trial court failed to properly assess the evidence demonstrating his readiness to fulfill his contractual obligations.
Final Appeal Demands
In light of these issues, Ugbebolu is urging the Court of Appeal to overturn the High Court’s decision entirely, reaffirm the validity of the original sales contract, and require Oak Homes to complete and deliver the luxury apartments according to the contract terms.
