C.S.S. Bookshops Ltd V. The Registered Trustees Of Muslim Community In Rivers State & Ors (2006)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division which on 26-4-2001, allowed an appeal by the 1st defendant from the decision of Manuel, J. of the High Court of Justice of Rivers State sitting at Port Harcourt delivered on 3-3-1997. The Court of Appeal in its decision allowed the appeal, set aside the judgment of the trial court and dismissed the plaintiffs’ claim. The appellants which were the plaintiffs at the trial High Court had sued the respondents and claimed against them as defendants in paragraph 27 of their amended statement of claim the following reliefs -27. The 1st defendant (sic) have persisted and intend unless restrained by the Honourable Court to repeat the acts complained of at paragraph 26 above, and the plaintiff’s claim:-

(i) A declaration that the purported publication in the Rivers State Government’s Notice No. 235 of 27th April, 1985, purportedly revoking the alleged rights of occupancy of the plaintiffs in and over Plots A-F Block 77 in Port Harcourt Township Layout does not constitute a valid notice to the plaintiffs as envisaged by the Land Use Act, 1978 and consequently the said revocation is illegal, null and void and of no effect whatsoever and does not extinguish the rights of occupancy of the plaintiffs.

(ii) A declaration that the purported revocation of the right of occupancy of the plaintiffs in and over the said Plots A-F in Block 77 Port Harcourt Township Layout aforesaid is null and void and of no effect and the said notices thereof are null and void and of no effect in that the said revocation and the notices thereof are:-

(a) Not for the public purposes envisaged by the Land Use Act, 1978.

(b) Not for public purpose stated in said notice.

(c) Ultra vires

(d) Capricious and

(e) An abuse of power.

(iii) A declaration that the purported revocation of the alleged right of occupancy in and over Plots A-F Block 77 in Port Harcourt Township Layout contained in Government Notice No. 235 dated 27th April, 1985 and published in Official Gazette of Rivers State Government No.27 Volume 17 is unconstitutional, null and void and of no effect in that it is contrary to the fundamental rights of the plaintiffs who were not heard or given opportunity to be heard before the purported revocation.

(iv) A declaration that the notices aforesaid are not in accordance with the law.

(v) A declaration that the grant of certificate of occupancy to the 1st defendant by the 2nd defendant is inoperative, illegal, null and void and of no effect in that the said grant of certificate of occupancy:

(a) Is ultra vires

(b) Is not for public purpose envisaged by the Land Use Act, 1978