A Nigerian-American engineer, Anthony Ugbebor, has approached the Court of Appeal, Lagos Division, seeking to overturn a Lagos State High Court judgement 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.
In a Notice of Appeal filed through his Counsel, Nasir Salau and Ibrahim Mahmud, Ugbebor is urging the appellate court to set aside the June 15, 2026 judgement delivered by Justice Akingbola George of the Lagos State High Court sitting at Osborne, Ikoyi. He is also asking the court to grant his counterclaim, by ordering the developer to specifically perform the sale agreement and deliver the apartments in accordance with the contract.
The dispute arose from Suit No. LD/4471LM/2023 filed by Olukayode 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. While the trial court dismissed most of the developers’ claims, it held that the parties’ subsequent conduct amounted to a novation that extinguished the original agreement and consequently ordered the refund of the ₦152 million already paid by Ugbebor.
Dissatisfied with the decision, 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argued that the trial Judge misapplied settled principles of contract law by concluding that the original agreement had been replaced by a new contractual relationship. He maintained that there was neither oral nor documentary evidence showing that the parties agreed to substitute the existing contract, or intended to extinguish their original obligations.
The Appellant further contended that, the trial court wrongly held that he defaulted in making payments within the contractual timeline. According to him, the payment schedule was tied to specific construction milestones, rather than fixed dates. He stated that under the agreement, 35% of the purchase price was payable upon completion of the roofing stage, while the balance of 20% was due only after completion of the apartments. He insisted that he had paid about ₦152 million, representing approximately 80% of the agreed purchase price of ₦190 million, despite the developer’s alleged failure to attain the agreed construction milestones.
Ugbebor also faulted the lower court for allegedly shifting the burden of proof to him instead of requiring the developer, who alleged a breach of contract, to establish its claim. He argued that the court failed to properly evaluate evidence, including his unchallenged testimony that substantial payments had been made between November 2017 and December 2020, equivalent to about $400,000, while the project remained incomplete.
