Napoleon S. Orianzi V. The Attorney-general, Rivers State & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant in this appeal was the plaintiff at the Rivers State High Court, sitting in Port Harcourt. His claims as endorsed at paragraph 18 of his statement of claim filed on the 9th of May, 1989 are as follows:-

“Wherefore the plaintiff claim from the Defendants a Declaration that:-

a) The plaintiff is the person entitled to the statutory Right of Occupancy of the Land known as Plot 46, Diobu GRA Phase 1, Port Harcourt otherwise known as and called No.46, Obagi Street Phase 1, GRA, Port Harcourt.

(b) The appointment of the Sanomi Commission of Inquiry and the recommendation of the said commission in respect of the aforesaid property as published in the Commission of the Government of Rivers State on the Report of the Commission of Inquiry into Allocation of Plots and sale of Abandoned Houses In Port Harcourt during the period 1st October, 1979 to 31st December 1983 under the chairmanship of Mr Dickens Sanomi by the Rivers State Government is irregular, null and void, and of no effect.

(c) The purported sale of the said property by the

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2nd Defendant is unconstitutional, null and void and of no effect.

2. N10,000.00 general damages for trespass.
3. Perpetual injunction restraining the Defendants, their agents or servants from further trespass to the plaintiffs said property”.

The 2nd Respondent/Defendant filed a 7 paragraphs statement of defence on the 23rd January, 1991. The 1st Respondent/Defendant filed an 8 paragraph statement of defence which he later amended. The 7 paragraph amended statement of defence was filed on the 21st July, 1993. For the 3rd and 4th Respondents who were the 3rd and 4th Defendants at the trial Court, a 19 paragraph statement of defence was filed. Issues having been joined, the case proceeded to trial. At the end of the trial and address, and in a reserved and considered judgment delivered on the 24th March, 1997 Ndu J granted all the reliefs which the Appellant asked for, except for the claim for general damages for trespass which was reduced to N300.00.

The Respondents herein were dissatisfied with the Judgment of the trial Court. Being aggrieved they appealed to the Court of Appeal, Port Harcourt Division. The appeal was heard and in a

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unanimous decision of the justices that sat on the appeal, delivered on the 5th day of April, 2001, the decision of the trial Court was set aside and the claim of the Appellant at the trial Court was dismissed with cost assessed at N5,000.00. The Appeal herein is against the decision of the lower Court. The Appellant’s notice of appeal, at pages 254 to 260 of the record contains 8 Grounds of Appeal.

Parties filed and exchanged briefs of argument. Chief C.A.B Akpananta, learned senior counsel for the Appellant submitted six issues for determination of this appeal as follows:-

“(i) Whether the Appellant had a Right of Occupancy over the disputed property and was at all material times in possession of the said property.