Lewis Opara V Dowel Schlumberger (Nigeria) Ltd.& Anor (2006)

LAWGLOBAL HUB Lead Judgment Report

ONNOGHEN, J.S.C.

By his fourth amended statement of claim and defence to counter-claim, the appellant claimed against the respondents in suit No. PHC/611 85 the following reliefs: “30. Accordingly, the plaintiff claims:

1. A declaration against the 1st and 2nd defendants that the certificate of occupancy granted to Dowell Schlumberger (Nigeria) Limited by His Excellency the Governor of River’s State dated the 25th day of April, 1980 in respect of Plot 167, Trans-Amadi Industrial Layout and registered as No. 18 at page 18 in Volume 1 of the Lands Registry at Port Harcourt is void.
2. An order of specific performance against the 2nd defendant in respect of Plots 161 and 167 Trans-Amadi Industrial Layout, Port Harcourt of duly registered deeds of lease in compliance with the agreement in writing between the plaintiff and 2nd defendant as reflected in paragraphs 5, 6, 7,11, 12 and 13 herein.
3. A declaration against the 2nd defendant that –

(a) Pursuant to the Land Use Decree No.6 of 1978 the plaintiff is deemed to be the holder of statutory rights of occupancy over Plot 161 and Plot 167 Trans-Amadi Industrial Layout, Port Harcourt; or alternatively,

(b) Pursuant to the Land Use Decree No.6 of 1978 the plaintiff is entitled to be issued by His Excellency the Military Governor of the Rivers State, with certificate of occupancy as the person in whom the said Plots 161 and 167 Trans-Amadi Industrial Layout, Port Harcourt are vested.

4. Further in the alternative, a declaration against the 2nd defendant that pursuant to the Land Use

Decree No.6 of 1978 the plaintiff:

(a) In respect of Plot 161 Trans-Amadi Industrial Layout, Port Harcourt is deemed to be the holder of a statutory right of occupancy; and/or alternatively is entitled to be issued, by His Excellency the Military Governor of Rivers State, with a certificate of occupancy.

(b) In respect of Plot 167 Trans-Amadi Industrial Layout, Port Harcourt, as vested, shall continue to hold one plot or portion of the land not exceeding half hectare in area.

5(a) An order against the 1st defendant that the plaintiff is entitled to special damages being unpaid rents in respect of Plot 161, Trans-Amadi Industrial Layout, Port Harcourt for the period 1st day of September, 1980 up to 31st day of August, 1985 or alternatively,

(c) An order against the 1st defendant that the plaintiff is entitled to special damages being mense profit in respect of Plot 161 Trans-Amadi Industrial Estate, Port Harcourt for the period 1st day of September, 1980 up to 31st day of August, 1985.

Particulars (See schedule below)

6. An order that the plaintiff is entitled, as against the 1st defendant, to 10% interest per annum on the unpaid rents or alternatively the mense profit specified in paragraph 30(4) above as from the 1st day of September, 1980 until the total sum outstanding is finally paid.
7. General Damages of N1,000,000.00 (One Million Naira) against the 1st defendant for its trespass on Plot 167 Trans-Amadi Industrial Layout, Port Harcourt from the 2nd day of March, 1978 or alternatively the 22nd day of May, 1980; or in the further alternative such large sum as the court may award upon the ascertainment of any earlier and/or other date when the trespass commenced.
8. Special damages for the consequential loss caused to the plaintiff by the 1st defendant’s trespass on Plot 167 Trans-Amadi Industrial Layout, Port Harcourt and being unpaid rent or alternatively rent due from the defendant for their use and occupation of the said Plot 167 for the period from the 22nd day of May, 1980 or alternatively the 2nd day of March, 1978 or in the further alternative, such larger sum as the court may award upon the ascertainment of any earlier and/or other date when the trespass commenced.

Particulars (See schedule below)

9. Alternatively to paragraph 30(7) above special damages for the consequential loss caused to the plaintiff by the 1st defendant’s trespass on Plot 167 Trans-Amadi Industrial Layout, Port Harcourt and being mense profit, for the period of 22nd day of May, 1980 or alternatively the 2nd day of March, 1978 or, in the further alternative, such larger sum as the court may award upon the ascertainment of any earlier and/or other date when the trespass commenced.

Particulars (See schedule below)

10. An order that the plaintiff is entitled as against the 1st defendant to 10% interest per annum on the special damages being consequential loss caused to the plaintiff and being unpaid rent or alternatively mense profit on Plot 167, Trans-Amadi Industrial Layout, Port Harcourt (as specified in paragraph 30(7) or 30(8) above). In lieu of and/or in addition to the foregoing claims an award of NI5,000,000.00 (Fifteen Million Naira) as damages against the 2nd defendant for breach of contract.

Schedule of Particulars of Special Damage

i. Plot 167