Engr. Joseph Chikezie Obi V. Mr. Ngozi Benedict Iregbu (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE JCA, (Delivering the leading Judgment)

This is the appeal against the decision of High Court Rivers delivered on 9/3/2004.

The plaintiff now appellant had instituted an action against the defendant claiming as follows:-

“(i) A declaration that the collection of the rents by the Defendant from the Tenants in the premises known and referred to as No. 314 Old Aba/Port Harcourt, Oyigbo, Rivers State (a premises owned and built by the Plaintiff’s husband late Mr. Peter Ugurum Iregbu) without the consent of the Plaintiff is wrongful.

(ii) An Order of Court directing the Defendant to pay over to the Plaintiff all the sums of money collected by the Defendant from the said premises at the said No. 314 Old Aba/Port Harcourt, Oyigbo, Rivers State.

(iii) A Perpetual Injunction restraining the Defendant either by himself, his agents, servants and/or privies from entering, trespassing and/or doing anything whatsoever on the said premises which is against the proprietary interest of the Plaintiff.

(iv) The sum of N50, 000,000.00 (Fifty Million Naira) only for damages.”

The plaintiff raised the Writ of summons to issue but before filing statement of claim the defendant filed a motion on notice objecting to the action on the following grounds:-

“1. The property situate at 314, Aba/Port Harcourt, Oyigbo, Rivers State (hereinafter “property in dispute”) was the bona fide property of the late Mr. Joseph Iregbu Ejeh who died intestate on 25th August, 1995.

2. The Defendant/Applicant is the sole Administrator of the Estate of Joseph Iregbu Ejeh which includes the property in dispute.
3. The Plaintiff/Respondent lack the locus standi to administer or institute an action in respect of the property in dispute or any other property forming part of the Estate of Joseph Irgebu Ejeh.
4. This Honourable Court lacks jurisdiction to entertain this suit for want of locus standi and competence.”

The plaintiff reacted by filing a counter affidavit.

After hearing the parties the learned trial judge granted the application and held inter alia thus:

“Having considered all these, I find that the plaintiff/respondent has no locus standi to institute this action over the subject matter in dispute. This being so this suit is incompetent and this court lacks jurisdiction to hear it. This case is therefore dismissed.”

It is against this decision that the plaintiff/Appellant being aggrieved filed amended Notice of Appeal on 31/8/2009 with the leave of court granted on 18/7/2009. After the transmission of the record of appeal parties filed and exchanged their respective briefs of argument.

The Respondent filed notice of preliminary objection but incorporated his argument inside the main brief.