Court orders property developer to refund N4.8m to client for breach of contract

iyebiye olawuyi

June 6, 2017 4:30 PM

Justice Jude Okeke, in his judgment, said that Hortigraph agreed that Ogwuegbu paid the amount for a three- bedroom flat.

Court gavel

An FCT High Court, Maitama, has ordered Hortigraph Nigeria limited, a property development company, to refund N4.5million to one Chilezie Ogwuegbu for breach of contract.

Justice Jude Okeke, in his judgment, said that Hortigraph agreed that Ogwuegbu paid the amount for a three- bedroom flat, valued at N16 million.

Okeke held that, Ogwuegbu, the applicant also provided the court with the evidence of payment.

“ The defendant should pay to the plaintiff the sum of N4. 8 million, being the refund of the money received for a consideration that failed,“ he ordered.

According to the judge, the plaintiff sometime in 2012 filed a suit against the defendant, praying the court among other things to order the defendant to refund him N4.8million.

The judge held that documents before the court revealed that the plaintiff was given an offer letter for the property, which he made an initial 10 per cent payment of N1. 6m.

He said subsequent payments were made, but the applicant later found out that his name was not included on the list of those eligible for the loan.

The judge noted that the housing loan was an arrangement made between the co-operative society of Independent Corrupt Practices and other Related Offences Commission (ICPC) and the company.

He held that though a member of staff of the ICPC, the applicant was, however, denied the property, because he was not a member of the co-operative society.

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