Emmanuel Onyema & Ors. V. Uwaeze Oputa & Anor. (1987)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C. 

This appeal has raised a very interesting issue of law as to the appropriate court where the action should be heard. But let us state the facts first, and, indeed, they are not in controversy.

The action of the Plaintiffs for damages for trespass and injunction was filed in the High Court of Mid-Western State in the Ughelli Judicial Division. It was Suit UHC/45/73, and dated 22nd October 1973.

Hearing commenced before Aghoghovbia J. in the Ughelli High Court, and continued till 15th January 1976. It was then adjourned to 2nd March, but before that date, Aghoghovbia J. had been retired from the Bench, and so, the case had to be commenced de novo.

However, in that year, the Kwale Judicial Division was created in the same Mid-Western State and so the case was transferred to Kwale High Court. It was re-numbered HVK/11/76. That was not all that happened in 1976. By the States (Creation and Transitional Provisions) Act 1976, Nigeria became a nineteen state structured country, and the area known as Ndoni, of which Isukwa, in which the land in dispute was situate, was a unit, was excised from the Mid-Western State, and it was included in a newly created State, the Rivers State. What was left of the Mid-Western State became Bendel State. Following the creation of States, the States (Creation and Transitional Provisions) Act 1977 was passed. The commencement date of the Act was 3rd February 1976.

On 18th June 1980, the case which was up till that time in the Kwale High Court, was transferred by the Chief Judge of Bendel State from the Kwale High Court to the High Court of Bendel State sitting in Asaba. That was after the 1979 Constitution came into force.

I have so far, stated, supra, the journey of the case from Ughelli High Court through Kwale High Court to the Asaba High Court. I have also stated the constitutional changes affecting the country during that period and referred to –

(1) The 1979 Constitution.

(2) The States (Creation and Transitional Provisions) Act 1976.

(3) The States (Creation and Transitional Provisions) Act 1977.

I have also stated that the land in dispute was situate in Isukwa. Isukwa was part of Ndoni area and it was in the Aboh Division of the Mid-Western State. Aboh Division was, since 1955 when the Mid-Western State was part of Western Region, within the Ughelli Judicial Division, see W.R.N.L. 15 No.148 of 1955.

The States (Creation and Transitional Provisions) Act, 1967, in creating the twelve States, specified in the Schedule to the Act-

“(i) Mid-Western The present Mid-Western Region”

Thus, what constituted the Mid-Western Region, before 27th May 1967, became Mid-Western State. By the States (Creation and Transitional Provisions) Amendment Act, 1967, No. 19, the schedule specified the Divisions in each of the twelve States and for Mid-Western State is contained the following list: