O.D. Briggs V. The Chief Lands Officers Of Rivers State Of Nigeria & Ors (2005)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

In the High Court of River State holden at Port Harcourt, the plaintiff claimed against the defendants jointly and severally as follows:-

“(a) A decree of specific performance constraining the 1st defendant to engross the deed as contained in paragraph 2 of the letter of renewal exhibit C, the plaintiff having perfected his obligation of payments of the necessary fees consequent to the engrossing of the deed.

(b) A declaration that the purported sale of the properly No. 9 Yenagoa Street, Diobu, Port Harcourt, also known as Plot 5 in Block 254, Oriji Layout, Diobu, Port Harcourt by the 2nd defendant to the 3rd defendant is null and void.

(c) N500,000.00 general damages for trespass to the property by the defendants jointly and severally.

(d) Rent for 35 rooms at N12.00 per room per month from 1/9/1986 until judgment is given from the 3rd defendant.”

Each defendant filed a separate statement of defence. After the filling and exchange of pleadings the case proceeded to trial. The plaintiff testified as the sole witness for himself. The 1st and 2nd defendants called no evidence but rested their cases on that of the plaintiff, while the 3rd defendant testified on his own behalf but called no witness. Counsel on both sides later addressed the court. They also in addition made written submissions.

In a reserved judgment the learned trial Judge refused the plaintiff’s claims for specific performance, declaration that the sale of the property by the 2nd defendant to the 3rd defendant was null and void, as well as damages for trespass. The plaintiff was however awarded a refund of rents collected from 35 rooms of the property at the rate of N12.00 per room per month from September 1986 to the date of judgment. He was also awarded additional N30,300.00 as compensation.

Dissatisfied with the judgment of the High Court, the plaintiff appealed to the Court of Appeal holden at Port Harcourt. The 3rd defendant also cross-appealed.

The issues before the Court of Appeal were clearly whether or not the plaintiff was entitled to the reliefs claimed by him and whether or not he (plaintiff) was also entitled to the compensation award of N30,300.00 as well as the arrears of rent.

The court of Appeal in a considered judgment allowed both the appeal and the cross-appeal as it relates to the payment of compensation only. It held that the plaintiff was entitled to the reliefs (except damages for trespass) claimed by him and granted him same. The cross-appeal of the 3rd defendant was also allowed and the compensation of N30,300.00 was set aside. For the purpose of clarity the Court of Appeal on pages 12 -13 of its lead judgment made the following orders –

“(1) An order of specific performance in favour of the appellant (meaning plaintiff) is to be carried out by the 1st and 2nd respondents (meaning defendants) by engrossing the deed of lease of plot 254 Orije layout, port Harcourt, otherwise known as 9 Yenagoa Street, Diobu, Port Harcourt is hereby decreed.

(2) The purported sale of the aforementioned property to the 3rd respondent (defendant) is null void and no property passed.

(3) A perpetual injunction is ordered against the 3rd respondent (defendant) or his agents from entering into that property.