Nigeria Engineering Works Ltd V. Denap Limited (2001)

LAWGLOBAL HUB Lead Judgment Report

KALGO, J.S.C.

This appeal is from the decision of the Court of Appeal Port Harcourt, delivered on 17th July, 1997. Originally, there were two separate suits filed in the High Court Port Harcourt which were later consolidated into one. In the first Suit No. PHC/121/86, the 1st respondent as plaintiff claimed against the appellant for:

(1) “A declaration of the plaintiff’s statutory right of occupancy to the piece or parcel of land lying and situate at Trans-Amadi Industrial Layout 1, Port Harcourt, and known as plot 51B Trans-Amadi Industrial Layout 1, Port Harcourt.

(2) N100,000.00 (one hundred thousand Naira) being general damages for trespass.

(3) A perpetual injunction restraining the defendant by itself, its servants, agents or otherwise howsoever from entering the plaintiff’s said property or ever interfering with the plaintiff in its possession, occupation, use and enjoyment of its said property”

The 1st respondent as plaintiff then filed a statement of claim which was served on the appellant as defendant. In the statement of defence to the 1st respondent’s action the appellant in paragraph 5 (f) and (g) averred as follows:-

(f) “That the interest, estate and claim of the plaintiff having been determined by operation of law by their failure to develop within two (2) years was given legal clothing vide the Rivers State of Nigeria Official Gazette No.17 in vol.18 of 29th May, 1986.

(g) That after the determination of the plaintiff’s interest in plot 51 Trans-Amadi Industrial Layout, Port Harcourt by operation of law, the Rivers State Government issued in the favour of the defendant and in respect of Plot 51 (hereinafter referred to as the “plot in dispute”) a certificate of Occupancy No. 61 Ref: RSG 003555 of 21st September, 1985. This Certificate of occupancy shall be relied upon at the hearing of this case.”

It is apparent therefore that the appellant’s defence to the 1st suit was that the 1st respondent’s Certificate of Occupancy was revoked by the Rivers State Government and a new one was issued to the appellant in respect of the land in dispute. The 1st respondent thereafter got a copy of the Official Gazette where the revocation was published and thereafter filed the 2nd suit No. PHC/326/86 in which the 2nd respondent, the Attorney-General of Rivers State alone was made a defendant. In that suit, the 1st respondent as plaintiff claimed per the writ of summons for:

(i) “A declaration that the purported revocation of the plaintiff’s right of occupancy existing in plot 51B Trans-Amadi Industrial Layout Port Harcourt (as evidenced by certificate of occupancy dated 23rd March, 1982 and registered as No.23 at page 23 in volume 99 of the Lands Registry in the office at Port Harcourt) as contained in Government Notice No.86 dated 30th April1986 and published in No. 17, volume 18 of the Official Gazette of Rivers State of Nigeria dated 29th May, 1986 is null and void; and

(ii) A declaration that the plaintiff’s certificate of occupancy of the aforesaid Plot 51B Trans-Amadi Industrial Layout 1, Port Harcourt dated 23rd March, 1982 and registered as No. 23 at page 23 in volume 99 of the Lands Registry in the office at Port Harcourt is still valid and subsisting and has been so valid and subsisting at all times material to this suit.”

From the above, it is very clear that the 1st respondent was the only plaintiff in both suits and the two suits are inter alia dealing with the validity or otherwise of the two certificates of occupancy; the first granted to the 1st respondent in 1982 and the second granted to the appellant in 1986. They were therefore properly consolidated. The case proceeded to trial and at the end of it, the learned trial Judge Tabai, J. (as he then was) found for the plaintiff (now the 1st respondent) in the following terms:-

(a) “A declaration that the purported revocation of the plaintiff’s right of occupancy existing in Plot 51B Trans-Amadi Industrial Layout 1, Port Harcourt as contained in Government Notice No. 86 dated 30th April, 1986 and published as No. 17 vol. 18 of the Official Gazette of Rivers State of Nigeria dated 29th May, 1986 is null and void

(b) A declaration that the plaintiff has the statutory right of occupancy to plot 51B Trans-Amadi Industrial Layout 1, Port Harcourt;