Finima Ventures Limited & Anor V. Chief Young S. Tobin & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EJEMBI EKO, J.C.A (Delivering the Leading Judgment)

The Ruling of the Rivers State High Court (Coram: Obie Daniel-Kafio, J) that prompted these two appeals, filed on 23rd March, 1999, was delivered on 9th March, 1999. It was a ruling on an interlocutory application filed on 3rd July, 1997, about 14 years ago. It sought only one prayer, to wit:

An order directing the 1st Defendant to pay into a domiciliary (ESCROW) Account, in the name of the Assistant Chief Registrar Litigation, High Court of Rivers State, with any reputable commercial Bank in Port Harcourt, the sum of $360,000 (Three hundred and sixty United State Dollars) due for payment as agreed with the Finima Community and such other sum as may become due as rent for the land, subject matter in this suit pending the determination of this suit.

I have no way of knowing whether the said suit, No PHC/860/96 filed on 24th July, 1996, is still pending, or that it has since been determined. The Plaintiff in that suit, now the 1st set of Respondents, had the following claims –

“(1) A declaration that title to land in Finima vests directly on the three houses that make up Finima namely: KONIBO-YE-AWANTA [TOBIN) HOUSE EBOUYO-OMUSO (BROWN) HOUSE and ATTONI HOUSE who are entitled to customary right of occupancy.

(2) A declaration that title to the land to be leased and used by TSIO Nigeria limited in Finima Bonny, is vested on the three Houses in Finima mentioned above. The piece or parcel of land is described by a survey plan to be filed with the statement of claim.

(3) A declaration that Finima Ventures Limited does not have title to any land in Finima and can not therefore cede such land either directly or any bogus power of attorney.

(4) A declaration that under Ibani Custom only the Amayanabo of Bonny can be styled as paramount Ruler (King) and every other house has one seat only in the Bonny council of chiefs.

(5) An injunction restraining TSKJ Nigeria limited, their agents, privies, solicitors or any other person no matter how else described, from purporting to lease, acquire or pay any money or monies to any person for the lease or acquisition of any centimeter of land in Finima land without the concurrence of the three families afore-mentioned in Finima and consent of the Amayanabo of Bonny.

(6) An injunction restraining TSKI Nigeria Limited, through its servants, agents or any person howsoever described from executing any lease agreement or any form of alienation of any land in Finima or give effect to any such purported alienation without the concurrence of the three families afore-mentioned and consent of the Amayanabo of Bonny.”

In the application dubbed as one to preserve the res in the suit the Plaintiff, as the applicant, had averred inter alia

“3. That Finima Community is made up of three Houses, namely: Bouye-Omuso (Brown) House, Konibo-ye-Awanta (Tobin) House and Attoni House.

8. That it was in the course of negotiations between myself, Tobin House solicitors OKEY WALI & COMPANY, Solicitors for TSKJ, Serena David Dokubo & Co and Mr. George Etomi, that I became aware that an agreement had already been prepared, for the land to be leased by Bouye (Brown) House to the 1st Defendant through Finima ventures with Tobin and Attoni Houses getting financial benefits only. This arrangement, I discovered, had been concluded before the 22d of July, 1996 and I had no idea of this as nobody ever mentioned that to me.

9. That Tobin House promptly filed this suit to stop the 1st Defendant from going to the land and later a motion for injunction restraining the 1st defendant from going on the land, as well as restraining them from paying any amount of money to any body in respect of use of this land under reference or any other where in Finima.