Goboye Luke v. Rivers State Housing & Property Development Authority & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ABDU ABOKI, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Port-Harcourt Division, delivered on the 4th of July, 2009.

At the trial High Court of Rivers State, holden at Port-Harcourt, one Madam Akwa Boyle (now deceased), as plaintiff, took out a writ of summons, dated 3rd March, 1987 wherein she claimed against the respondents, (as defendants), as follows:

(i) That the plaintiff is the bona fide purchaser and therefore owner of the Plot G Block 36 Native Location otherwise known as 37 Aggrey Road, Port Harcourt without notice of any encumbrances by document date 25th July 1983 and registered as No. 119 at page 119 in Volume 96 of the Lands Registry kept at Port Harcourt.

(ii) That the purported cancellation of this sale be declared invalid, null and void.

(iii) A perpetual injunction against the defendants and their privies, agents or whomsoever from further interfering with the ownership and user of the said premises.

The facts of the case as can be gleaned from the record is that the appellant’s mother, Madam Akwa Boyle (deceased), on the 21st June, 1980, applied in writing to purchase the property in dispute, then an abandoned property within the context of Abandoned Property Edict 1969. In response to the said application, a letter of offer dated 24th May, 1982 was sent to her, wherein the subject matter of the suit was offered to her for sale upon certain conditions.

According to her, on the 25th July, 1983 the Government of Rivers State sold her the said property by an agreement dated 25th July, 1983 and registered on the 20th October 1983 as No. 119 at P, 119 in Volume 96 of the Registry of Lands at Port Harcourt.

In December, 1983, it is a fact that the Civil Government was overthrown by the Military, and a Military Government was set up. The Military Governor of Rivers State set up an inquiry into State Land Allocations by the ousted civilian regime.

After the completion of the exercise, the Lands and Survey Division wrote to the tenants in the property confirming the sale of the property to her (Madam Akwa Boyle). Later the Military Governor set up the Rivers State Housing & Property Development Authority Edict No. 14 of 1985 with definite functions spelt out in the said Edict with regards to Government Properties.

According to Madam Boyle, it was at this point in time and for the first time that she became aware of a petition against her ownership of the land in dispute written by one Mrs. Kunaiyi Akpana on behalf of Dakumus Tangy Services Ltd, the 2nd respondent in this appeal, claiming that she bought the property in dispute for N80,000.00 in 1981 from one Dr. Kalu who acted as an Administrator/Executor of the Estate of one Late Chief Okoro Ijagha who was said to have bought the property from one Mr. Isaac N. Asinobi in 1953.

The suit proceeded to hearing, at the end of which the trial Judge in a considered judgment delivered on the 25th day of October, 1999, held that Madam Akwa Boyle had no valid title in law and equity and that the 2nd respondent’s purchase of the property on the 29th of January, 1981 is prior to the subsequent sale to the appellant. The appellant’s case was dismissed.

It is instructive to state at this juncture that Madam Akwa Boyle, the original plaintiff died.

The appellant, Goboye Luke, the son of the deceased plaintiff was granted leave by the court below to appeal the judgment of the trial court.