By Victor Okoye
A Lagos State High Court has awarded the sum of over N30 million in damages against MAON Homes and Facilities Management Limited and one Mr Chibuzor Tony Okonkwo over a breach of agreement and assault case.
The judgement was in favour of Mr Emmanuel Jibunor (the claimant), a Brand Ambassador for MAON Homes and Facilities Management Limited.
Jibunor had claimed that MAON Homes and Facilities Management Limited breached a Brand Ambassador Ageeement and the Deed of Gift dated 29th August 2023 between himself, Mr Okonkwo and the company.
The claimant said that sometime in 2018, he entered into a Brand Ambassador Ageeement with the defendants; MAON Homes and Facilities Management Limited (1st defendant) and Mr Chibuzor Tony Okonkwo (2nd defendant).
He noted that he was appointed as the 1st defendant’s Brand Ambassador for an initial term of two years and a Brand Ambassador Ageeement was entered into by the parties.
He explained that as consideration for the claimant’s services, the defendants agreed to allocate one plot of land at Araromi village in Ibeju Lekki Local Government Area of Lagos State, approximately measuring 600 Square Metres of land as well as make payment of N1 million to him.
He said subsequently, the defendants paid him the sum of N1 million and executed a deed of gift on 29th August, 2018 in his favour in respect of a land suitated at Araromi village in Ibeju Lekki Local Government Area of Lagos State.
He noted however, that the terms of the Deed of Gift were inconsistent with the terms of the Brand Ambassador Ageeement pursuit of a gift as required by law as contrary to the terms of the Brand Ambassador Ageeement, as Clauses 3.3 and 5.1.3 of the Deed of Gift provide that the property shall be used only for residential purposes (self-use) by the claimant with any option of sale or disposition and Clause 4.1 of the Deed of Gift provides that the 1st defendant warrants subsisting and unencumbered title to the property but Clause 3.3 of the same Deed of Gift precludes the Claimant from selling or disposing off the property.
He stressed that the defendants failed, refused and neglected to hand over to him the survey plan of the land, specifically identifying the land gifted to the him and to further perfect his title over the said land up to the institution of the suit.
Jibunor also recalled that in 2020, the Defendants entered into another Brand Ambassador Agreement with him on 18″ September 2020 in which he was appointed as the 1st Defendant’s Brand Ambassador for a period of one year.
He explained that by the 2nd Brand. Ambassador Agreement, the Defendants agreed to compensate him by the execution of a Deed of Gift for an allocation of one plot of land at Goshen Villa Estate, Sangotedo, Lagos, measuring 330 square metres and payment of N1 million, noting however that only the sum of N500,000 was paid to him, adding that the Defendants further failed, refused and declined to execute the second Deed of Gift or any other title document in favour of him in respect of the said land at Goshen Villa Estate, Sangotedo, Lagos measuring 300 Square Metres as agreed by the parties.
The Claimant also alleged that during the performance of the second Brand
Ambassador Agreement, the 2nd Defendant, without just cause, assaulted him in
public gatherings, violated his rights and brought him to public odium, scandal
and contempt on a number of occasions.
He said he later discovered that the
Defendants did not have a valid root of title to the landed properties in issue.
Pascal Ememonu, the Counsel to the claimant noted that despite several court process served on the defendant to appear before the court, the defendant failed to appear.
He submitted that the Honourable Court being a temple of justice does not form the habit of waiting endlessly for a defendant to file a defence.
He stated that the Claimant is without|much ado entitled to be granted all
the reliefs in the Statement of Claim against the Defendants.
The Learned counsel noted that it was also settled law that where there is an absence of defence to a party’s claim as in the instant case, the only alternative was to give judgment for that party and the said judgment cannot be faulted.
The presiding judge, Hon. Justice Olubukola F. Aigbokhaevbo, in his judgment, alluded to the fact that the Defendants breached the Brand Ambassador Agreement dated 19th September 2020 between them and the Claimant.
He ordered the 2nd Defendant to pay to the Claimant damages in the sum of
10,000,000.00 (Ten Million Naira only) for physical assault, embarrassment and injury to reputation caused to the Claimant.
He also ordered the 1st Defendant to pay to the Claimant the sum of N5,000,000.00
(Five Million Naira) as damages for breach of the 1st Brand Ambassador Agreement and the sum of N5, 000,000.00 for breach of the 2nd Brand
Ambassador Agreement.
He awarded a Post-judgment interest of 10% per annum on the judgment sum from the date of judgment until final liquidation.
He also awarded the cost of the action in favour of the Claimant, the sum of N1,000,000.00 (One Million Naira).