Joy T. Wakama Vs Adolphus Kalio & Anor (1995)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

The present appellant was defendant to an action instituted against her by the 1st respondent, as plaintiff, in the High Court of Rivers State sitting at Port Harcourt. In the action the 1st respondent claimed for a declaration of title to a house being managed by the Abandoned Properties Implementation Committee. The House is situated at 184, Bonny Street, Port Harcourt. The 1st respondent, in addition, claimed that the purported sale and issue of building lease of the disputed property to the appellant by the 2nd respondent is null and void. He also claimed for an injunction restraining the appellant, her servants or agents from interfering with his rights over the said property.

The facts, in a nutshell, disclose that a sale of the disputed property was conducted through an open ballot by the Abandoned Properties Implementation Committee, hereinafter referred to as A.P.I.C. The 1st respondent, Mr. Adolphus Kalio, won the ballot and was notified by A.P.I.C. in its letter dated 22nd August, 1977. The letter stipulating the terms of the offer is Exhibit A before the trial High Court and it reads:

“Abandoned Property.

Implementation Committee,

c/o Governor’s Office, Port Harcourt.

22nd August, 1977.

Adolphus Kalio,

77 Niger Street,

Port Harcourt,

Letter of Offer

Plot F Block 148 Layout Township

(No. 184 Bonny Street, PH )

I am pleased to inform you that you won the above mentioned property in the open ballot on sales of abandoned property conducted at the Port Harcourt City Council on 18th August, 1977. The price of the said building excluding Deed and valuation fees is N11,800 (eleven thousand eight hundred naira). The valuation fee is N118.00.