The Registered Trustees Of The Port Harcourt Christian Council Project. V. Mr. Sunday G.o. Amadi & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling of Teetito, J. at Port Harcourt High Court, which was delivered on 21-2-2006 rejecting the original registered Deed of Conveyance sought to be tendered as an exhibit in the matter.

The appellant as plaintiff instituted the suit against the respondents/defendant claiming inter alia, the following reliefs:

“1. A declaration that the plaintiffs are the owners and entitled to the Statutory Right of Occupancy in respect of the piece or parcel of land formerly “called “UZO WAJA”, and now called “APA WEJA” lying and situate at Elekahia, village Rebisi within the jurisdiction of this court measuring approximately 6.780 Acres and more particularly delineated and verged blue on survey plan No.CJH171 – LD annexed to the statement of claim.

2. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant…”
3. The sum of N950,000.00 only being damages… for trespass…”

During proceedings at the lower court, parties exchanged pleadings, and in the appellant’s pleadings, they averred in their paragraphs 4 as follows-

“4. The plaintiff/appellant are the beneficial owner in possession of all that piece or parcel of land know as and called UZO NWAJI covering an area of approximately 28.20 acres lying and situate at Elekahia Port Harcourt within the jurisdiction of this honourable court.”

In supporting their claim as stated in the above quoted paragraph 4, the appellant had pleaded their root of title to the aforesaid piece of land or parcel as follows:

“(i) By a Deed of conveyance dated the 17th day of September 1965 and registered as No. 35 at page 35 in volume 441 of the land Registry in the office formerly at Enugu, but now at Port Harcourt and made between and made between Shedrach Ogunka Aholu and 10 others all of Elekahia, Port Harcourt as Vendors of the one pan and the Registered Trustees of the Niger Delta Dioceses as Purchasers of the other part, the plaintiffs said piece or parcel of land was conveyed by the said vendors on behalf of the entire Elekahia community unto the Purchasers in fee simple.

(ii) By a further Deed of conveyance dated the 8th day of February, 1977, and made between the aforesaid Registered Trustees of the Niger Delta diocese as Vendors of The one part AND the Plaintiffs as Purchasers, of the Other part, the aforesaid piece or parcel of land was conveyed by the said Vendors unto the Plaintiffs in fee simple.

(iii) By a power of Attorney dated the 6th of February, 1978 and duly registered as No. 76 at page 76 in Volume 80 of the lands Registry in the office at Port Harcourt the aforesaid Registered Trustees of the Niger Delta Diocese, the predecessors-in-title of the plaintiffs, duly appointed the plaintiffs as their lawful Attorneys with irrevocable powers in respect of the aforesaid piece of or parcel of land. The Plaintiffs will at the trial rely on the originals or copies of the aforesaid two Deeds of Conveyance and the survey, plan No. TJ. E84 BAN /112/65 registered AS No. 35/35/441 – Enugu (now) Port Harcourt and the aforesaid Power of Attorney.”

(Underline is mine)

As earlier stated, the appellant tried to tender the aforesaid two Deeds of Conveyance being the registered documents at Enugu but now at Port Harcourt, but the respondents objected to it admissibility as an exhibit in the case. The trial judge in his ruling which was delivered on 21-02-2006, sustained the objection and rejected the two deeds of Conveyance on the ground that they were in admissible. At page 69 of the record, the learned Trial judge concluded as follows:

” The present document sought to be tendered is not a certified true copy. I am therefore of the humble opinion that it is inadmissible in evidence in its present state. I therefore uphold this objection and refuse its admissibility.”

It is against that ruling that the appellant filed the Notice of Appeal on 1st March, 2006 containing a single ground of appeal.