Nigeria Liquified Natural Gas Co. Ltd V. Edward Emmanuel Hart (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Rivers State High Court, sitting in Port Harcourt delivered on 26th July, 2007 in Suit No. PHC/1698/2001. The Respondent, as the claimant at the lower court, sought for the following reliefs. They are:-

“(i) A declaration that the claimant is entitled to the customary right of occupancy in and over all that piece of land forming part of the land known traditionally as OZUASAWO lying and being at Akie-Ama village in Bonny.

(ii) The sum of N5,000,000.00 being damages for trespass committed by the Defendant on the said land in dispute.

(iii) An order of perpetual injunction restraining the defendant either by itself or by its servants, agents, or privies from further entering, encroaching, developing, building or constructing any structure of whatsoever description or committing any act of trespass or waste in any manner whatsoever on the land in dispute.”

The Appellant, as the defendant, joined issues with the Respondent/Claimant, while denying the claim, and maintained that the Rivers State Government put it into possession of the land in dispute. The Appellant/Defendant also contended that the land in dispute formed part of its Liquified Natural Gas Project in Bonny at the Rivers state Government owned “Coconut Estate”.

Issues having been duly joined the matter went to trial. At the trial, the court received both oral and documentary evidence as well as the addresses of respective learned counsel. In its judgment, the lower court upheld the claim of the Respondent/Claimant after having found that he had proved his claim against the Appellant. It went further to grant the declaration sought, and ordered for compensation in the sum of N5,000,000.00 in lieu of an order for a perpetual injunction etc.

The Appellant is dissatisfied with this decision and appealed to this court in a notice of appeal dated 2/08/2007 but filed on 7/08/2007. This notice contains 6 grounds of appeal with very copious particulars. To argue the appeal, the appellant filed a brief of argument dated 18th November, 2009. In response the Respondent filed a brief of argument dated 20th January, 2010 which was deemed properly filed and served on 22/03/11. In a further effort the appellant filed a reply brief on 22/03/11.

At the hearing of the appeal before us on 14th November, 2012,respective learned counsel took turns to adopt and rely on their briefs. While learned counsel to the Appellant urged on us to allow the appeal and set aside the judgment of the lower court, learned counsel to the Respondent urged on us to dismiss the appeal and affirm the judgment of the lower court.

From the grounds of appeal, learned counsel to the Appellant identified and formulated the following 4 issues for the determination of this appeal. They are:-

“(1) Whether the Respondent is the owner in possession entitled to customary right of occupancy of the land in dispute?

(2) Whether the land in dispute belonged to the Rivers State Government who gave it to the Appellant for the Liquefied Natural Gas project?

(3) Whether the appellant was liable to the Respondent in trespass?

(4) Whether the trial Court can grant a relief on N5m compensation and order for execution of sub-Assignment not claimed by the Respondent?”