PLEDGE OF LAND OR CONDITIONAL SALE OF SAME: COURT OF APPEAL IN A UNANIMOUS DECISION GIVES APPROVAL TO THE APPELLANTS APPEAL BY QUASHING THE JUDGEMENT OF THE LOWER COURT IN CA/E/141/2021 Read the Full Judgement here.

The Court of Appeal, Enugu Judicial Division has on the 29th day of November, 2024 in a unanimous decision presided over by Hon. Justice, Olasumbo O. GoodLuck (JCA), Hon. Justice, Joseph Eyo Ekanem and Hon. Justice R. Maiwada Abdullahi laid to rest the lingering land tussle in Etiti Ogwu Community, Uburu, Ohaozara L.G.A., Ebonyi State where a clearly written Agreement on land transaction which was made in 1965 before the Biafran Civil war was hijacked by human nature , cumulating to Suit No: HOZ/22/2018 where the Respondent sued the now Appellants/Defendants, claiming that the transaction among the parties is a pledge of land perpetually redeemable, while the Appellants defended same as a conditional sale of land that has long been sealed by the term of the Agreement made between the parties.
As always, in the usual twists and turns that characterized litigation in Nigeria, Honourable Justice Chris E. Eze in his judgement delivered on the 18th February, 2021 gave judgement to the Respondent/Plaintiff, granting all the reliefs sought by him before the trial Court. Aggrieved by the lower Court decision, the Appellants/Defendants have filed an Appeal vide a notice of Appeal praying the Appellate Court to set aside the decision of the lower Court by allowing their Appeal.
O. O. Nwani, Esq., Counsel for the Appellants settled the Appellant’s brief of argument filled on the 14th of September, 2022 when an application has been moved regularizing same and deeming it as properly filled and served. The Appellant’s counsel hailed the judgement of the Appellate Court when its verdict was delivered quashing the judgement of the trial Court, ‘’saying that any reasonable man within the Court who is familiar with the fact of the case would have left the Court with the impression that justice has been done’’. He went further to submit that the judgement will stand the test of time while thanking the Honourable Court for its erudite judgement.
Chief Ogbonnaya Nwaerishi, the 2nd Appellant who bought the said land from the 1st Appellant thanked God profusely for sparing his life and means till when this judgement was delivered by the Appellate Court, correcting the perversion that was the judgement of the trial court. He said that truth will always prevail no matter how long falsehood has been perpetrated by those attempting to play God.
The Appellant’s Counsel, thank God immensely for the ever-flowing grace that has characterized his life and career till date. He prayed for his Senior Associates and teams at Pegasus Legal & Associates who have not despised the days of little beginning of Pegasus Legal & Associates, as they continue to do their bits towards making sure that our firm meets the yearnings and aspirations of clients who trust us with their brief. We cannot ask for more than the support of our clients who continue to give us the brief that keep us going and help us to serve those who cannot foot our bills due to their indigent status.
See the Full Judgement attached below.

https://drive.google.com/file/d/1W7PNS-Q30delC55CtX0jYoe1SbDDPxPV/view?usp=drivesdk