MR. Daniel Teibogren V. The Governor Of Delta State & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

In the instant appeal, the Court of Appeal is urged by the Appellant to set aside the Judgment of the High Court of Delta State, delivered on August 7, 2008 in Suit No. HCB/6/2005. By the said Judgment, the court below, Coram P. J. O. Anigboro, J; struck out the Appellant’s suit on the ground that the action was statute-barred.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

On April 7, 2005, the Appellant instituted the said action, vide a Writ of Summons, in the court below seeking various declaratory and injunctive reliefs against the Respondents. By paragraph 31 of the Further Amended Statement of Claim thereof, dated 04/01/07, the Appellant sought against the Respondents the following reliefs:

(i) A DECLARATION that the Plaintiff is the beneficial owner or the person rightfully entitled to a statutory right of occupancy or ownership in and over that piece or parcel of land measuring about 45 x 135 (Forty Five Feet by One Hundred and Thirty Five Feet) bounded on one side by the land of one MR. GONNI, that is the Western side, on the Eastern side the said land is bounded by the OHOROR-BOMADI ROAD, on the Northern side the land is bounded by a lake which was later filled and presently the Bomadi Motor Park is occupying same and on the Southern Part the land share a boundary with late PA. SIEN OKORODASE, lying, being and situate at a point near the Bomadi-Ohoro Road by the Bomadi-Forcados river at the Bomadi over side in Bomadi a place within the Jurisdiction of this Honourable Court.

(ii) A DECLARATION that the purported acquisition of the said land by the Bomadi Local Government Council was not in accordance with the laws and practice and same is unconstitutional and therefore null and void and of no legal effect whatsoever.

(iii) AN ORDER of the Honourable Court setting aside any acquisition of the said land by the Delta State Government from the Bomadi Local Government Council as same was unconstitutional.

(iv) AN ORDER of perpetual injunction restraining the Bomadi Local Government Council, her agents, servants, workmen or howsoever from further entering, trespassing upon the unacquired portion of the said land or in any way obstructing or destroying the Plaintiff’s right or interest over the said land which is in peaceful possession of the Plaintiff.

(v) THE SUM of N5,000,000.00 (Five Million Naira) being compensation for the loss and damages suffered by the Plaintiff as a result of the acts of Delta State Government through the Delta State Ministry of Work and the Bomadi Local Government Council.

On the other hand, by the (RE – ULTIMATE) AMENDED STATEMENT OF DEFENCE thereof, the Respondents not only denied the claim in its entirety, but also counter claimed against the Appellant. By paragraph 33 of the said Amended Statement of Defence thereof, the Respondents averred thus:

33. The Defendants reassert that the Plaintiff’s case (inter alia) is vexatious, unripe/premature for hearing,as Plaintiff did not exhaust Administrative Remedies, Lacks Reasonable Cause of Action, is statute-barred, patently incompetent, An Abuse of Court Processes – and accordingly divests the Honourable Court of Jurisdiction to entertain same. Defendant shall rely on and give evidence of every relevant and material facts/laws in proof of this assertion.

Consequent upon the settlement of the respective parties’ pleadings, the Suit proceeded to full trial. The Appellant and two other witnesses testified in support of the claim thereof. On the other hand, two witnesses testified for the defence. At the end of the hearing of witnesses, the learned counsel to the respective parties addressed the court, thus resulting in delivering the vexed Judgment on the said 07/8/08 to the conclusive effect, thus:

The effect of above consideration is that the right of action of plaintiff in this is statute barred and the action of the Plaintiff is incompetent. This court has no jurisdiction to entertain same. See the case of Madukoli V. Nkemdilim (1962) All NLR (Reprint) 581.

The court considers unnecessary to further consider the case of the Plaintiff on its merits as the court lacks jurisdiction to do so.

The effect of the above consideration is that the action of Plaintiff is incompetent and the same is struck out. The court hereby dismisses the counter claim of defendants as the defendants abandoned same at the trial…The court in the circumstances does not consider it appropriate to award any cost to the parties. The court makes no further order as to costs.