Gregory Obi Ude V. Clement Nwara & Anor. (1993)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C

In a Port Harcourt High Court, by an action commenced by a writ of summons, the plaintiff claimed against the defendants jointly and severally as follows:

“1. A declaration that the plaintiff is the Lessee of the leasehold property situate at No.2, Ekpeye (Umuoji) Street, Diobu, Port Harcourt (Plot I, Block 261, Wobo Layout).

2. A declaration that the sale of the said property by the Rivers State Government to the 1st defendant is null and void and of no effect whatsoever.
3. N2,000.00 general damages for trespass.
4. A perpetual injunction restraining the defendants, their agents and/ or servants from further acts of trespass to the premises.

Dated this 26th day of October, 1983.

(Sgd.) SJ. Ofoluwa,

Solicitor for Plaintiff,

16, Abonnema Wharf Road,

Port Harcourt.”

Plaintiffs case as revealed by his statement of claim was that before the Nigerian Civil War he was granted a lease of a plot of land at No.2 Umuoji Street, Port Harcourt (now called No.2 Ekpeye Street), by the Rivers State Government. Through his attorney. Mr. S.E. Anusionwu, he developed the plot by erecting a storey building on it. During the Civil War the property was treated as abandoned property by the Rivers State Government and managed by the Rivers State Abandoned Property Authority, but that it was duly released to him after the Civil War and, through his attorney, he managed the property and paid all necessary rates therefor. When the original lease which was for 7 years expired on the 31st of December, 1971, the government promised the plaintiff, through his attorney, that it would renew the lease. In 1983 the 1st defendant came to the premises of the plot in dispute and interfered with plaintiff’s possession of the property by harassing plaintiffs’ tenants therein, claiming that he had bought the property from the Government (2nd defendant). Hence the plaintiff sued the defendants, as I have stated.

1st defendant’s case as revealed by his statement of defence is that the property in dispute was state land, the 7 – year lease of which to the plaintiff had expired on 31st December, 1971, and was never renewed. He denied that plaintiffs attorney erected a building on the land. He contended, without admitting, that if the plaintiff gave a power of attorney to Mr. Anusionwu, it lapsed on the expiry of the lease. He denied that the property was released to the plaintiff, and contended that, if there was such a release, it expired on the expiry of the lease and that the said management of the property and any payment of rates did not create any interest in the property in favour of the plaintiff. He denied that the Ministry of Lands ever agreed to renew the lease. Rather, the property reverted to the 2nd defendant. He had offered to purchase the property from the government in consideration of the sum of N52,000.00 and his offer was accepted, after which he paid the sum of N5,200.00 as part of the purchase price; also N520.00 as legal fees and N40.00 as non-refundable deposit for forms to the Government. Thereafter he entered into an agreement with the Government to purchase the property.

The 2nd defendant repeated most of the averments of the 1st defendant. He further contended that the grant of a power of attorney by the plaintiff to Mr. Anusionwu without the consent of the 2nd defendant was in contravention of the mandatory provisions of the State Lands Law an Express covenant in the lease. It was also contended that the property in dispute had never in law been abandoned property: so it could not have been released to the plaintiff and its release to him by the Abandoned Property Authority could not be relied upon. On the expiry of the lease of the property, the 2nd defendant was entitled to sell it and did sell it to the 1st defendant, he averred.

At the trial one witness each was called by each of the parties in proof of its case. Thereafter and after addresses by counsel, the learned trial Judge made various findings of fact which he summarized as follows:

“(a) That the land comprised in the plot described in the lease (Exhibit ‘B’) registered as No, 7 at page 7 in Volume 398 of the Land Registry in the office at Enugu, formerly known as No, 2 Umuoji Street and now as No, 2 Ekpeye Street, was demised to the plaintiff by the Governor of the former Eastern Nigeria on 17th July, 1964 for a term of 7 years commencing 1st January, 1965 and expiring on 31st December, 1971.

(b)that the plaintiff by his said attorney thereafter erected thereon the building or property, the subject-matter of this action.