MR. Eugene Obi Okoye & Anor V. Beatitudes Nigeria Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDULKADIR, J.C.A. (Delivering the Leading Judgment)

This is appeal against the decision of the High Court of Justice, Anambra State sitting at Onitsha Judicial Division as presided over by Hon. Justice J. C. Nwadi on 23rd June, 2006.

The Respondent herein commenced an action on 3rd February 2005 by Writ of Summons against the Appellants herein. In its 24 paragraph Statement of claim, the Respondent’s claim against the Appellants are as follows:

“(a) A declaration that the plaintiff is the lessee for a term of 99 years from the 1st of January 1979 of all that parcel of land situate within the Niger Bridgehead Industrial Layout, Onitsha numbered as plots IND/65 and IN/67 thereof and containing an area of 1.732 hectares which parcel of land is shown in plan number (A) 107, tracing No. AN – 372 attached to Deed of Building lease dated the 8th day of August 1979 and registered at No. 23 at page 23 in volume 1041 in the Lands Registry in the office now at Awka.

(b) A declaration that as the said lease subsists, the plaintiff is entitled to exclusive possession of the demised plots of land and to the use of the verge between plot IN/55 and the public highway called Atani Road for access to the said highway.

(c) N1,000,000.00 being damages for trespass.

(d) An injunction restraining the defendants by themselves, their servants or agents otherwise however from entering into the plaintiff’s land known as plot IN/65 and IN/67 Niger Bridgehead Industrial Layout, Onitsha or into the road verge between the said plot IN/65 and the public highway called Atani Road or from erecting any structure thereon.”

The Appellants, on 24/2/2006 filed 18 paragraphs statement of defence dated 24/2/2006. Following the statement of defence, the Respondents on 10/3/2006 filed a motion on notice dated the same day, praying the trial court for:

“An order striking out this suit, that is, suit No.0/55/2005. The Beatitude (Nigeria) Ltd Vs Mr. Eugene Obi Okoye and Anor for lack of locus standi on the part of the plaintiff/Respondent and want of jurisdiction”.

The above motion on notice was supported by 11 paragraph affidavit and a Written Address. In reaction to the motion for an order to strike out the suit, the Respondent filed a counter affidavit of 5 paragraphs with an Exhibit annexed thereto and a written address of counsel.

The trial court in its ruling of 23/6/2005, dismissing the Appellants’ motion held that the Respondent had the capacity or locus standi to institute the instant action. The Appellants in disagreement with the ruling of the trial court filed a Notice of Appeal dated 2nd June, 2006 and filed on 5/6/2006. The Notice of Appeal contains four Grounds of Appeal.

The said Grounds of Appeal shorn of their particulars read thus:

“Ground One – Error in law

The learned trial judge erred in law when he failed to hold that the cause of action has abated after the revocation of the Building Lease.