Chief Augustine Agorua & Ors V. Benjamin Obiora & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the interlocutory decision of the High Court of Imo State of Nigeria in Suit No. HOG410/0/2005, presided over by Hon, Justice P.C. Ikpeama and delivered on the 24th day of November, 2008 striking out the motion filed by the Plaintiffs/Appellants to quash certain letters made during the pendency of the suit.

The Appellants in this suit were the Plaintiffs at the Lower Court while the 1st – 9th Respondents were the Defendants. The 10th and 11th Respondents were the bodies that made the letter sought to be quashed. The Appellants filed this suit suing for themselves and as representing other members of Obua and Agorua families, Umundanike village, Oguta L.G.A except 1st – 9th Defendants/Respondents claiming jointly and severally as follows:

(a) A declaration that the Plaintiff (sic) as joint owners of the farmland known as and called Okwurukwu land in Umundanike village, Oguta Local Government Area -wherein Nigeria Agip Oil Company (NAOC) located its wells 1, 4/6/8, 5/7, West 2, West 3 and flow station are entitled to nominate or appoint persons as Attorneys or contact men to represent them in all matters, dealings or negotiations with NAOC in respect of any compensation or benefit whatsoever due to the Plaintiffs from NAOC over its use and occupation of the said land.

(b) A declaration that the plaintiffs having duly exercised their rights as owners of the said land and appointed LONGINUS ADIZUA, AUGUSTINE ONYEBUCHI AGOGUA, OKECHUKWU NWOKOCHA and CHUKWUDI, OGBONNA as their contact men in all matters, dealings or negotiations over the said land with the 9th Respondent, the said appointment remains extant and valid until it is revoked by the Plaintiffs or it expires through effluxion of time and it is not renewed.

(c) An Order of perpetual injunction restraining the 1st – 8th Defendants from parading or masquerading or holding themselves out as Attorneys or contact men for the Plaintiffs or Obua or Agorua families.

(d) An Order of perpetual injunction restraining the 1st – 8th Defendants from interfering with in any manner whatsoever the right of the Plaintiffs to appoint Attorneys or contact men in respect of all matters relating to the 9th Respondent’s use and occupation of the said land.

(e) An Order of Perpetual injunction restraining the 9th Defendant from dealing with the 1st – 8th Defendants either as the Plaintiffs’ attorneys or contact men or that of Obua or Agorua families.

While the suit was pending, 10th – 11th Respondents purported to have written Exhibits B and C which compromised the subject matter in dispute by awarding the land where Wells, 4, 6 and 8 are situate to some families,

The Appellants on the 4th/8/2007 filed a motion on notice dated 31st/7/2007 praying the Honourable Court as follows:

An Order quashing the letters with Ref. No. GH/DGov/S.130/S/15/11/102 of 8th of May, 2007 hereby attached as Exhibit ‘B’ and the letter with Ref. No. OGLC/AD/629/11/101 of 19th/6/2007 hereby attached as Exhibit ‘C’.

The 11th Respondent filed a counter affidavit on the 6th/5/2008 together with a written address in opposition to the motion filed on the 31st/7/2009. The Appellants filed a further affidavit on the 4th/7/2008.

In a considered ruling delivered on the 24th day of November, 2008, the Learned trial judge struck out the application for being incompetent.

It is against the said decision that the Appellants are dissatisfied and appealed to this court vide a Notice of Appeal dated and filed on the 3rd day of December, 2008, upon two grounds of appeal which are hereby reproduced without their particulars as follows: