Golden Victor Nangibo Vs Uche Okafor & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

U. ONU, J.S.C.

This appeal, brought at the instance of the defendant/appellant herein, is sequel to the decision of the Court of Appeal sitting in Port Harcourt coram: A. I. Katsina-Alu and S. O. Uwaifo, JJ.C.A. (as they then were) and S. A. Nsofor J.C.A., dated the 9th day of April, 1998 wherein they allowed the appeal against the judgment of S. E. Charles-Granville, J., who on 24th January, 1995, had dismissed the plaintiffs/respondents’ case in suit No. PHC/125/84.

A review of the facts and background of the case is first necessary for a clearer appraisal of the case as follows:

2. The plaintiffs, now respondents, sued the defendant, now appellant, claiming the following reliefs before the Port Harcourt High Court:

“(a) A declaration that the purported sale of plaintiff’s building situate at Plot. 99, Borokiri Layout, Port Harcourt, Rivers State and registered as No. 44 at page 44 in volume 366 at the Land Registry, Enugu now kept at Port Harcourt, (Rivers State) by the Rivers State Government (1st defendant) to the 2nd defendant is unconstitutional, null and void.

(b) A declaration that the plaintiffs are entitled to the grant of statutory right of occupancy of the said premises.

(c) A perpetual injunction restraining the defendants by themselves, their servants and or agents from dealing in the said property.

(d) An order of court setting aside the agreement dated the 26th day of November, 1982, between the Secretary to the Government (on behalf of the Government of Rivers State) as vendor, and the 2nd defendant as purchaser registered as No. 86 at page 86 in volume 95 of the Land Registry in the office at Port Harcourt.

OR IN THE ALTERNATIVE

(e) Against the defendants jointly and severally the sum of two hundred and fifty thousand naira (250,000.00) being the market value of the property situate at Plot 99 in Borokiri Layout Port Harcourt popularly called No.4 Rex Lawson Street, Port Harcourt, and registered as No. 44 at page 44 in volume 366 at the Land Registry Enugu now kept at Port Harcourt, Rivers State.”

The alternative claim(s) was withdrawn in the course of the proceedings.

It was common ground that by a deed of lease made on the 25th of March, 1960 and registered as No. 22 at page 22 in volume 233 at the Land Registry at Enugu now kept at port Harcourt, the piece and parcel of land the subject matter of this case, was granted by the Minister of Town Planning, Eastern Nigeria to one Marcus Ezeuba Nwaokenta for a term of 99 years. The said Marcus Ezeuba Nwaokenta later by a deed of assignment dated the 9th day of August, 1963, and registered as No. 44 at page 44 in volume 366 at the Land Registry at Enugu now kept at Port Harcourt assigned the residue of his lease to the plaintiffs/respondents with the consent of the Governor of Eastern Nigeria vide exhibit B. It was also common ground that the said piece and parcel of land, which was originally known as No.4 J. N. Kanu Street then renamed 4 Rex Lawson Street, had been developed before the outbreak of the civil war. It was the respondents’ case for which they called only one witness, that at the end of the civil war they continued to deal with the property as owners and let same to tenants. They further demonstrated that in May, 1983 Messers Knight, Frank and Rutley who were estate agents for the Rivers State Government sent to them a demand notice for payment of property rates in respect of the property for the period between 1970 and 1983 which were admitted in evidence as exhibits C and C1. According to the respondents, when they went to pay the said property rates they learnt for the first time that the appellant was claiming to have bought the property.

It was the appellant’s case that the said property became an abandoned property during the period of the civil war within the meaning of the Abandoned Property (Management and custody) Edict 1969, and that the respondents had been divested of whatever interest they might have had in the property. The appellant further maintained that the Rivers State Government on November 26, 1982 had sold the property to him.

The appellant thereupon tendered a letter of offer admitted in evidence as exhibit E and another letter, exhibit F, in which he was asked to pay the paltry sum of N18,988.00 as the outright purchase price of the property with the building thereon. The deed of sale was admitted in evidence as exhibit G.

The 1st defendant/respondent’s case on the other hand was that the Rivers State Government had by an instrument dated October 29, 1972, and published in the Extra-Ordinary Gazette No. 56 Vol. 4 Notice No. 452 cancelled the lease in respect of the property and had sold same to the appellant.