A Nigerian-American engineer, Anthony Ehiedu Ugbebor, has asked the Court of Appeal to overturn the judgment of the Lagos High Court which declared that his property purchase agreement with a developer, Mr Olukayode Olusanya and Oak Homes Multinational Services Limited had been extinguished by the doctrine of novation.
The Lagos High Court had in the judgment ordered the refund of the N152 million Ugbebor paid for two luxury apartments in Victoria Island, Lagos.
In a Notice of Appeal filed by his counsel, Barrister Nasir Salau of Nasir Salau & Co., challenging the June 15, 2026 judgment delivered by Justice Akingbola George, Ugbebor argued that the trial judge misapplied settled principles of contract law, ignored material evidence, wrongly dismissed his counterclaim, and erroneously refused his claim for specific performance of the property sale agreement.
The appeal arose from Suit No. LD/4471LM/2023, instituted by property developer Olukayode Olusanya and Oak Homes against Ugbebor and the Economic and Financial Crimes Commission, EFCC, over alleged trespass on two second-floor three-bedroom apartments located at 14A Musa Yar’Adua Street, Victoria Island, Lagos.
Although the Lagos High Court dismissed most of the developer’s claims, it held that the parties’ conduct had effectively terminated their original agreement through novation.
The court also ordered Olukayode and Oak Homes to refund the N152 million previously paid by Ugbebor, while dismissing the engineer’s counterclaim seeking completion and delivery of the apartments or, alternatively, damages.
Dissatisfied with those findings, Ugbebor asked the Court of Appeal to overturn the judgment, restore the validity
