Emmanuel Chijoke Orlu V. Chief a. Gogo-abite (2002)

LawGlobal-Hub Lead Judgment Report

MICHAEL EYARUOMA AKPIROROH, J.C.A. 

This is an appeal against the decision of Nngbukwu J. (as he then was) of the High Court of Rivers State in the Port Harcourt Judicial Division delivered on 10th April, 1991 in Suit No. PHC/171/86 dismissing the Appellant’s claim.

The claim of the Appellant in paragraph 13 in his Statement of Claim is as follows:

(a) “A declaration that the Plaintiff is entitled to the statutory right of occupancy over and in respect if the property known as No. 21 Nsukka Street, Mile 1, Diobu, Port Harcourt.

(b) A declaration that No. 21 Nsukka Street, Mile 1, Diobu, was never an abandoned property within the meaning of the law and that the; purported sale or assignment of the said property to the Defendant by the Rivers State Government or its agent is null and void.

(c) A perpetual Injunction restraining the Defendant by himself or his agents or servants from interfering with the Plaintiff is use and enjoyment of the said property.”

The claim which was tried on the Pleadings supported by evidence relates to No. 21 Nsukka Street, Mile 1 Diobu, and Port Harcourt.

From the pleadings and the evidence led in support, the Appellant’s case put briefly is that the property in dispute was inherited by him as the first son of his father according to Ikwerre native law and custom. It was originally leased to one James Orlu by the Eastern Nigeria Government for seven years and when his lease expired, the Government of Eastern Nigeria gave him a new building lease and transferred it to him. The Ministry of Lands wrote Exhibit L to the tenants. On receipt of the Letter, he started to collect rents from the tenants. He renovated the house and also paid property rates as shown in Exhibit’s M, M1, M2, N, N1 and N2.

The Respondent’s case put in a nutshell is that the area known as Mile 1, Diobu, Port Harcourt was originally called Rumuwoji Village. Sometimes in 1956, the then Governor of Eastern Nigeria cleared the village for the purpose of development. After laying out the area, the Government allocated plots to the original owners of the land in the process, James Orlu, the Plaintiff’s; father was allocated plot 15, Block 220 , Wobo Layout, otherwise known as No. 21 Nsukka Street, Mile 1, Diobu, for seven years. As he could not develop it, he entered into an agreement with one Urum Kalu to build a house on the land. By this agreement, Urun Kalu was to recover his money by way of rents collected from tenants in the house.

Apart from the building agreement, Exhibit D, James Orlu also donated an Irrevocable Power of Attorney, Exhibit F to Urum Kalu Ode. He, James Orlu later applied for Government consent in October, 1961 to assign the property to Urum Kalu Ode. The Appellant signed Exhibit F as a witness. The application was later approved after the consent. James Orlu assigned the property to Urum Kalu Ode.

When the lease for seven years expired, the then Government of Eastern Nigeria renewed the Lease for Urum Kalu ode for another term of six years with effect from January, 1966.

He later assigned the unexpired term to the Respondent.

At the end of the trial, the learned trial Judge in a reserved judgment dismissed the Appellant’s claim.

Dissatisfied, the Appellant has appealed to this Court and formulated six issues for determination: