Gani-tarzan Marine Enterprises Limited V. Caravelle Resources And Investment Ltd & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MUHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Lagos state High court, Lagos Judicial Division, holden at Lagos in suit No. LD/962/2005. By the said ruling, which was delivered by the Hon. Justice B.A. Oke-Lawal on June 17, 2008, the Appellant application, dated May 5, 2007, seeking to join the National Inland waterways Authority as a co-defendant to the suit was refused. Not unnaturally, the Appellant was utterly dissatisfied with the lower court’s decision. Thus, resulting in filing the instant appeal.

FACTS & CIRCUMSTANCES OF THE CASES:

The genesis of the present appeal dates back to June 7, 2005. That’s the day on which the two Respondents filed in the court below a writ of summons against the Appellant claiming statutory right of occupancy over a parcel of land, measuring a total of 1062 a square metres, situate at Oyinkan Abayomi (formerly Queen’s) Drive, Ikoyi Lagos’ By the statement of claim thereof, dated May 19, 2005, the Respondents have claimed against the Appellant the following reliefs:

(i) A declaration that the statutory rights of occupancy over the piece or parcel of land comprised in the deed of lease dated 1st May 1995 and registered as No. 68 at page 68 in volume 14 of the Federal Lands Registry Ikoyi, Lagos belongs to the 1st claimant subject to the consent of the Honourable Minister of Housing and Urban Development.

(ii) An order setting aside any purported licence or temporary right of occupancy granted to the defendant over the said piece of land, same being illusory, invalid and void.

(iii) An order of perpetual injunction restraining the Defendant, its servants, agents or privies from further trespass into the land.

(iv) N500, 000.00 damages for trespass on the said land.

On July 19, 2005, the Appellant filed in the court below the statement of defence thereof, thereby not only denying the claim in its entirety, but also counterclaiming against the Respondents. The Appellant also filed on the same date a notice of preliminary objection, along with a written address. The preliminary objection was to the effect that the lower court has no jurisdiction to entertain the suit, by virtue of the provision of section 251(1) (p) and (N) of the constitution of the Federal Republic of Nigeria, 1999.

On March 17, 2007 the lower court, coram the Hon. Justice E. A. Lufadeju (Mrs.), delivered a ruling, overruling the preliminary objection in question. On May 18, 2007, the Appellant’s erstwhile counsel, Candide Johnson filed a notice of appeal to that ruling. However, on April 10, 2007 the Appellant changed its counsel from Candide Johnson & partners to Messrs Rickey Tarfa & co. of 538 Mainland way, Dolphin Estate, Ikoyi Lagos.

On May 9, 2008, the Appellant filed a motion ex-parte specifically praying for the following reliefs:

i. AN order granting leave to join NATIONAL INLAND WATERWAYS AUTHORITY as third party.

ii. AN order joining the NATIONAL INLAND WATERWAYS AUTHORITY as a third party.

iii. AN order directing the originating process in this suit is Served on the NATIONAL INLAND WATERWAYS AUTHORITY designated as third party.