What Legal Remedies Are Available for Breach of Property Contracts in Lekki?
Introduction
Lekki has become one of the most active and lucrative real estate zones in Nigeria. From high-end residential estates to multi-million-naira commercial developments, the area attracts investors, developers, and individuals from within and outside Nigeria. However, the growing sophistication of real estate transactions in Lekki also means an increase in contractual disputes — especially breaches of property contracts.
A breach of a property contract occurs when one party fails to perform their obligations as agreed in a legally binding contract. It could involve failure to transfer property after receiving payment, delay in delivery, misrepresentation of property ownership, failure to complete construction, or refusal to pay the balance after signing a purchase agreement.
The legal implications of breaching a property contract in Lekki can be severe, given the region’s strict property laws, high-value transactions, and large number of both local and international investors. Whether you are a buyer, seller, landlord, tenant, or developer, understanding the legal remedies available when a breach occurs is essential to protecting your financial and ownership interests.
This article provides an in-depth explanation of what constitutes a breach of property contract, the types of property contracts recognized in Lekki, the legal remedies available, and how to pursue them effectively. It includes real-world applications, a case study from Lekki, and a comprehensive FAQ section to guide both property owners and investors through the legal process.
Understanding Property Contracts in Lekki
A property contract is a legally binding agreement that defines the rights, duties, and obligations of parties involved in a real estate transaction. Such contracts can be written, oral, or implied by conduct, though written contracts are always preferred for enforceability.
Common property contracts in Lekki include:
Deed of Assignment
Contract of Sale of Land or Property
Joint Venture Agreements
Lease or Tenancy Agreements
Construction or Development Contracts
Property Management Agreements
Agency or Brokerage Agreements
Memorandum of Understanding (MOU) between investors or developers
These contracts are regulated by Nigerian contract law principles, primarily derived from the Contract Act 1961, Property and Conveyancing Law of Western Nigeria, the Land Use Act (1978), and judicial precedents.
Each of these contracts creates legally enforceable obligations, and any deviation or failure to fulfill them constitutes a breach.
What Constitutes a Breach of Property Contract
A breach occurs when a party fails, neglects, or refuses to perform their contractual duty, either in part or in full. In Lekki’s real estate market, breaches typically take the following forms:
A seller receives full payment but refuses to transfer title or possession.
A developer fails to deliver a building as specified in a contract.
A buyer defaults in paying the agreed purchase balance.
A party provides false documents or misrepresents property ownership.
A construction contractor abandons the project midway.
A landlord violates lease terms or unlawfully evicts a tenant.
A joint venture partner diverts funds or land meant for the project.
The seriousness of the breach determines the type of remedy available — either through court action, arbitration, or mediation.
Legal Principles Governing Breach of Contract in Nigeria
Several legal principles underpin the handling of breach of property contracts in Lekki:
Privity of Contract: Only parties to a contract can sue or be sued for its breach.
Consensus ad Idem: There must be mutual agreement between parties.
Consideration: A valid contract must involve an exchange of value.
Capacity: Parties must have legal capacity to enter into the contract.
Legality: The purpose of the contract must be lawful.
Possession and Title: Property contracts must comply with the Land Use Act and local property laws.
When these elements are satisfied, the contract becomes enforceable under Nigerian law, and any breach triggers legal remedies.
Types of Breach of Property Contract
Minor (Partial) Breach: When a party performs some but not all obligations.
Material Breach: When the breach significantly undermines the purpose of the contract.
Anticipatory Breach: When a party indicates in advance they will not fulfill their obligation.
Fundamental Breach: A total failure that deprives the other party of the entire contract benefit.
Courts in Lagos treat breaches involving property ownership, fraud, or loss of possession as serious and often award heavy damages or grant specific performance orders.
Legal Remedies for Breach of Property Contracts
The remedies available for breach of property contracts depend on the circumstances and the type of contract involved. The major remedies include:
Damages
Damages are the most common remedy for breach of contract. It involves monetary compensation to the injured party for losses suffered due to the breach.
Types of damages include:
Compensatory Damages: To cover actual financial loss (e.g., refund of money paid, cost of litigation, or lost rent).
Consequential Damages: For secondary losses, such as interest loss or delay in investment returns.
Nominal Damages: When a breach occurred but caused no major loss.
Punitive Damages: Rarely awarded, but possible where fraud or malice is proven.
For example, if a developer in Lekki fails to deliver an apartment after full payment, the buyer may claim damages equivalent to the amount paid, plus interest, cost of rent incurred during delay, and emotional distress.
Specific Performance
Specific performance is a court order compelling the breaching party to fulfill their contractual obligation, particularly in property sales or transfers.
This remedy is commonly applied when monetary damages cannot adequately compensate the injured party — such as in real estate, where every parcel of land is unique.
For instance, if a seller refuses to transfer title to a buyer who has fulfilled payment, the court can compel the seller to execute the Deed of Assignment and hand over possession.
In Lagos, specific performance is frequently granted in property cases where the claimant has paid and taken possession but the title has not been perfected.
Rescission (Cancellation of Contract)
Rescission allows the injured party to cancel or terminate the contract entirely. This remedy restores both parties to their original positions as if the contract never existed.
A buyer may seek rescission if the seller deliberately misrepresented the property, used fake documents, or sold land under government acquisition. Similarly, a landlord can rescind a lease if the tenant violates fundamental terms, such as illegal use of premises.
Rescission is particularly useful in Lekki where fraudulent land transactions are common.
Injunction
An injunction is a court order that restrains a party from committing or continuing a wrongful act. In property contracts, injunctions prevent:
Further sale or transfer of disputed property.
Construction on illegally acquired land.
Unauthorized development of joint venture property.
Interim or perpetual injunctions can be sought at the High Court of Lagos State, especially in cases where delay may result in irreparable harm.
Restitution
Restitution requires the breaching party to return what they have received under the contract. If a seller collected payment but failed to transfer property, the court may order a refund with interest.
This ensures the innocent party is not unjustly deprived of value.
Quantum Meruit
This remedy allows a party to recover reasonable payment for services rendered, even if the contract was not completed. It applies to cases where one party performed partially before the other terminated or breached the agreement.
For example, if a contractor builds 60% of a duplex before the client unjustly terminates the agreement, the contractor can claim payment for the completed portion.
Rectification
Where there is a written contract that fails to reflect the parties’ true intentions due to clerical error or misdescription, the court can order rectification. This ensures the contract aligns with the original understanding.
This is vital in property contracts where survey numbers, plot details, or boundaries are mistakenly documented.
Declaratory Relief
A declaratory relief is a court’s formal declaration of rights without ordering damages. For instance, a buyer can seek a declaration that they are the rightful owner of a property under a breached contract.
This remedy is often sought in Lekki disputes involving double sale or overlapping ownership claims.
Alternative Dispute Resolution (ADR)
Before litigation, property disputes can be resolved through ADR mechanisms such as:
Mediation: Facilitated settlement between parties.
Arbitration: Binding resolution by an appointed arbitrator.
Conciliation: Voluntary negotiation aided by a neutral third party.
The Lagos Multi-Door Courthouse encourages these options to reduce court congestion and promote faster resolution.
ADR is particularly effective in Lekki property disputes where parties prefer confidentiality and business continuity.
Statutory Remedies under Lagos Property Laws
The Lagos State Property Protection Law (2016) criminalizes forceful acquisition and fraudulent sales, granting victims the right to reclaim land and seek compensation.
The Tenancy Law of Lagos State (2011) also provides remedies for landlords and tenants in cases of breach of lease or unlawful eviction.
Furthermore, the Land Registration Law (2015) ensures that registered property transactions receive legal recognition and enforceability, protecting buyers from fraudulent claims.
Steps to Take When a Breach Occurs
Gather All Documents: Collect contracts, receipts, and correspondences.
Engage a Property Lawyer: Seek expert review and advice immediately.
Issue a Demand Letter: Your lawyer sends a formal demand for compliance or compensation.
Attempt Negotiation or Mediation: Try peaceful resolution before filing suit.
File a Court Action: If negotiations fail, institute a claim for damages, specific performance, or injunction.
Enforce Judgment: Execute court orders through the Sheriff with police assistance if necessary.
Case Study: Breach of Property Contract in Lekki
In 2022, Mr. Emmanuel, a Lagos-based entrepreneur, entered a contract with a developer in Lekki to purchase two duplex units for ₦240 million. He paid ₦120 million upfront, with the balance due upon completion. The contract specified delivery within ten months.
After 18 months, construction was incomplete. The developer stopped responding to calls and diverted materials to another project. Mr. Emmanuel engaged Chaman Law Firm to recover his funds or compel completion.
The firm issued a demand letter, which went unanswered. They then filed a lawsuit at the Lagos High Court seeking:
Specific performance of the construction agreement.
Refund of ₦120 million in the alternative.
₦20 million in damages for breach and distress.
The court ruled that the developer had breached the contract and ordered refund plus damages totaling ₦145 million.
This case underscores how the courts protect buyers in property breaches and how prompt legal action prevents deeper losses.
Factors Courts Consider When Granting Remedies
Nature and gravity of the breach.
Intention of the breaching party.
Availability of alternative remedies.
Extent of financial loss or injury.
Whether the claimant acted in good faith.
Compliance with contract terms and timelines.
Proper documentation and timely legal representation greatly increase chances of success.
Common Mistakes Property Investors Make
Failing to conduct due diligence before signing.
Using verbal agreements instead of written contracts.
Ignoring breach warning signs.
Attempting self-help recovery.
Not consulting property lawyers during transactions.
Avoiding these mistakes protects both financial investment and peace of mind.
Preventive Measures for Property Transactions in Lekki
Always verify property titles with the Lagos Land Registry.
Engage a lawyer for contract drafting and review.
Use escrow or verified payment systems for large transactions.
Conduct physical inspection before purchase.
Avoid informal agents or “Omo Onile” middlemen.
Register every transaction with the Lagos State Government.
Include clear clauses on termination, breach, and dispute resolution.
Prevention is often cheaper and faster than litigation.
FAQs
1. What is the first step if a property contract is breached in Lekki?
Engage a property lawyer to review the contract, gather evidence, and issue a formal demand letter.
2. Can I cancel a property sale after payment?
Yes, if there’s misrepresentation, fraud, or failure to perform. Your lawyer can seek rescission and refund.
3. How long does a property breach case take in Lagos courts?
Between six months and two years, depending on complexity and court backlog.
4. Can I get compensation for emotional distress?
Yes, courts can award general damages for inconvenience and distress caused by breach.
5. Is arbitration legally enforceable in Nigeria?
Yes. Arbitration awards have the same force as court judgments once registered.
6. What if the breaching party refuses to obey court orders?
Your lawyer can file for contempt proceedings or request enforcement through the Sheriff.
7. Can I include penalty clauses in my property contract?
Yes. Courts generally enforce reasonable penalty clauses agreed by both parties.
8. What if I signed a contract without a lawyer?
You can still enforce it if validly executed, but legal review before signing prevents pitfalls.
9. Can foreigners enforce property contracts in Nigeria?
Yes. Foreign investors enjoy contractual protection under Nigerian law, provided the transaction complies with local property regulations.
10. What happens if both parties breached the contract?
The court will assess relative fault and may apportion liability or cancel the contract.
Conclusion
Property transactions in Lekki often involve huge financial commitments and complex legal obligations. When breaches occur, the consequences can be devastating — loss of money, delay in development, or outright forfeiture of investment. Thankfully, Nigerian law provides multiple remedies — from damages to specific performance and injunctions — that protect innocent parties and restore fairness.
The key to success lies in timely and professional legal intervention. Delays, informal settlements, or self-help actions can worsen matters. Engaging an experienced property lawyer ensures your rights are fully protected and your remedies pursued effectively.
Chaman Law Firm, a leading Lagos-based property and commercial law firm, specializes in handling property disputes, contract enforcement, and real estate litigation. Whether you are a buyer, seller, or developer, our team provides strategic legal solutions that safeguard your investment in Lekki’s competitive property market.
Contact Us
📞 0806 555 3671, 08096888818, 08024200080📧 chamanlawfirm@gmail.com📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos🌐 www.chamanlawfirm.com👉 Book a consultation now: www.chamanlawfirm.com/book-consultationYour right, we protect. Let us help you enforce your property contracts, recover your investments, and secure your real estate interests in Lekki with professional excellence.