Nigerian Television Authority V. Nigerian Ports Authority (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Justice Chukwura Nnamani sitting at Federal High Court 1, Benin City delivered on 19th day of June, 2008. The Appellant as Defendant at the lower court challenged the jurisdiction of the court to entertain the Suit on the ground the action is statute-barred and that there is no valid pre-action notice issued on the Defendant before instituting the action.

The Appellant at the lower court filed a Motion on Notice setting down for hearing and determination the points of law raised in her statement of defence. The statement of defence is at pages 18 – 20 of the Records of Appeal, while the Motion on Notice is at pages 34 – 36 of the Records of Appeal. The trial Judge without ruling on the Preliminary Objection raised on the jurisdiction of the court to entertain the suit went ahead and gave final Judgment in favour of the Respondent.

The summary of the facts in this appeal is as follows:-

The Plaintiff/Respondent herein instituted an action against the Defendant/Appellant in the year 2005 over the piece or parcel of land donated/assigned to it by the Delta State Government and Warri Local Government Council, Warri for the planting of its Station in the Area and sought the following reliefs:

(a) For possession of land situate at the New Port Warri in common border with the Village Community of Ugbuwangue in Warri South Local Government Area within the jurisdiction of this Court, well-known to both parties, wrongfully occupied or taken by the Defendant as a trespasser.

(b) For damages assessed at N5 million for wrongfully entering the said Plaintiff’s land and cutting down its grasses and excavating its soil and digging trenches and depositing sand and gravel and commencing building thereon with bulldozers and concrete mixers heavily engaged at site to the detriment and loss of the Plaintiff.

(c) For an injunction perpetually restraining the Defendant, its agents, servants, contractors or any person or persons or group of persons or body corporate claiming wrongfully the right of presence or occupation of the said land either through the Defendant or by right paramount.

The Defendant/Appellant filed her Statement of Defence wherein she raised an objection as to the jurisdiction of the Court to entertain the suit. The trial court without ruling on the issue of jurisdiction proceeded and delivered its final judgment and held that: the Plaintiff claims succeeds in claims (a) and (c). In claim (b) N500,000.00 damages awarded. The Judgment of the trial court is at pages 71 -73 of the Records of Appeal.

Being incensed by the verdict, the Defendant/Appellant appealed against the Judgment of the trial Court on the ground that the learned trial Judge erred in law when he failed to rule on the issue of jurisdiction raised in the Defendant/Appellant Preliminary Objection and proceeded to give final Judgment without taking evidence from both the Plaintiff/Respondent and Defendant/Appellant witnesses.

The Notice of Appeal is as contained on pages 74 & 75 of the Record of Appeal. It provides as follows:-

TAKE NOTICE that the Defendant/Appellant being dissatisfied with the decision of the Federal High Court, Benin City contained in the Judgment of Justice Chukwura Nnamani sitting in Court 1, dated 19th June 2008 more particularly stated in paragraph 2 below do hereby appeal to the Court of Appeal, Benin upon the grounds set out in paragraph 3 and will seek the reliefs set out in paragraph 4.

And the Appellant further stated that the person directly affected by the appeal is set out in paragraph 5 herein.

2. PART OF THE DECISION OF THE LOWER COURT COMPLAINED OF: The whole decision.
3. GROUND OF APPEAL

GROUND 1: