Nigeria Deposit Insurance Corporation V. Attorney-general Nasarawa State & Ors (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

This is an appeal against the Ruling of Hon. Justice S. J. Adah of the Federal High Court sitting in Abuja delivered on 7/10/2004.

The facts which led to the proceedings in the trial court are as follows:

On 16/01/1998, the Central Bank of Nigeria revoked the banking licence of Commerce Bank Plc. and appointed the Appellant, Nigeria Deposit Insurance Corporation, NDIC the Official Receiver/Provisional Liquidator. The appointment was affirmed by the Federal High Court per Sanyaolu J. on 03/04/1998. In the course of its duty as Liquidator, the Appellant discovered that the Bank in liquidation has a property, an expanse of land at Mararaba Guruku, Nasarawa State on which some people had trespassed. On 17/12/2003, the Appellant sought and obtained the leave of the trial court to sue as liquidator. Pursuant to the leave of court, the Appellant took out a Writ of Summons against the Respondents, The Respondents entered a conditional appearance on 28/01/2004 and on 26/03/2004, they filed a Notice of Preliminary Objection challenging the jurisdiction of the lower court to adjudicate upon the suit of the Appellant, The trial court in a considered ruling found that it is the High Court of Nasarawa State that should hear the suit. It therefore declined jurisdiction in the Appellant’s suit and accordingly struck it out.

Aggrieved with the ruling of the trial court, the Appellant filed this appeal,

For purposes of ease of reference and good grasp, the Appellant’s claim in the trial court, from the endorsement on the Writ of Summons is hereunder reproduced verbatim as follows:

“a) A declaration by the Hon, Court that the actions and omissions of the 1st and 2nd Defendants in granting titles and permissions to or standing by while, 5th to 147th defendants trespass into and put up buildings without the consent of the Plaintiff, on the same plot, are improper, illegal and void.

b) A declaration that 5th – 147th Defendants are trespassers into the said plot.

c) A declaration by the Hon. Court that the Plaintiff is the rightful occupier of the expanse of land covered by the Customary Right of Occupancy No. 2637 and the Right of Occupancy issued to Commerce Bank Plc (In-liquidation) granted by the 1st and 2nd Defendants along the Keffi-Abuja Road in Mararaba-Guruku, Karu local Government of Nasarawa State and is entitled to exclusive grant of Statutory Right of Occupancy over the said plot.

d) A declaration that any of or all the Customary Right of Occupancy and Certificate of Occupancy issued by 1st and 2nd Defendants to any of the Defendants over the land are null and void.

e) An order of the Hon, Court against the 1st & 2nd defendant to pay to the Plaintiff the sum of N10m. each as damages, for all their actions, omissions, facilitations in the 5th – 147th Defendants trespass into the Plaintiff’s plot.

f) An Order of the Hon Court that each of the Defendants particularly 5th – 147th to pay to the Plaintiff the total sum of N202, 509, 480. 00 being the total of the different sums claimed from the respective 5th – 147th. Defendants very well stated in the Statement of Claim.

g) An Order of the Hon. Court that each of the Defendants pays the “sum of the money claimed by the Plaintiff or to vacate immediately the various spaces occupied by them in the plot. –

i) And an Order of the Court restraining the Defendants or any other person from further tampering with the Plaintiff’s plot.