Rockonoh Property Co. Ltd. V. Nigerian Telecommunications Plc & Anor (2001)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C.

The facts of this case have, in many respects, been presented differently by either party, that is to say, the plaintiff/appellant and the 1st defendant/respondent. That may be expected in a case where there is dispute particularly as to oral facts. But in this case, there are a couple of peculiar documents admitted in evidence which have some dubiety about them such as raise far more questions than can be provided with answers. The role the 2nd respondent was made to play by some of its functionaries deserves special mention. The facts taken as a whole are extremely intriguing. It is unprofitable to attempt to reconcile them all or even state them in detail. Let me therefore state the facts relevant for this appeal and as far as caution dictates, leave out all other facts.

The appellant company is an estate developer. The 1st and 2nd respondents are Federal Government parastatals. The appellant has as its chairman P.W.1, Chief Christian Chukwuma Onoh. He had also in the past been the chairman of the 2nd respondent. The 1st respondent was assisted by the P.W.1 in the negotiations to acquire a suitable site to erect its earth satellite station in Enugu now named I.B.B. Third Gateway. In accordance with the agreement reached with the 2nd respondent, the owner of the site, the 1st respondent paid a premium of N220,000.00 in April, 1983 for the site and was thereafter to pay an annual rent of N100.00. The site in question was known as No. 13 Colliery Avenue, Enugu. The 1st respondent has since erected its satellite station which has been in operation. Somehow, as will be clear later, the appellant, through the active voice and involvement of PW.1 claimed to have become the owner of the site in reliance on a deed of assignment which will be more particularly referred to and considered in the course of this judgment. Eventually, sometime in February, 1993, PW.1 commissioned estate surveyors and valuers known as Chinwuba, Odumodu & Co of 8 Chime Avenue, New Haven, Enugu to carry out a valuation of the site. This was with a view to determining the money worth of the site in order to make a claim against the 1st respondent.

At the time of acquisition of the site by the 1st respondent, there were existing buildings of the 2nd respondent thereon. This fact is supported by a body of documentary and oral evidence. It is sufficient for the present purpose to start by referring to part of the evidence given by PW4, Alpha Ifeanacho Odumodu, an estate surveyor/valuer called as a witness by the appellant and to extracts from the document prepared by him, exhibit V. The said oral evidence and the document speak volumes. The witness said: “The plaintiff’s (sic) company engaged my services to carryout the valuation of a property at 13 Colliery Avenue, G.R.A., Enugu. My company carried out the assignment. I visited the site in order to confirm what is in the report. My company visited the site and prior to our visit the property had been demolished. The plaintiffs informed us that there is similar property along Colliery Avenue and my company also saw that one. We visited the property closest to the one we were supposed to value …

…In carrying out the valuation, we ascertained that an offer of 2.37 million naira was made on the property in 1982. We based our valuation on the offer in 1982 by determining the amount to which the figure of 2.37 million naira was if invested in a Bank in 1982 would amount to now, at the existing bank rate which is 27% interest rate from commercial Banks. After this, our valuation gave us N32,854,125.00. Property values since 1982 have been on the increase. We used the multiplier of 13.8625 derived from our valuation table based on the interest rate of 27%. 13.8625 was got from valuation table that guides us.”

The valuation report dated 11th February, 1993 was tendered by P.W.4 and admitted by the court as exhibit V.

The report was forwarded to PW.1 by letter also dated 11 February, 1993. The first two paragraphs of the said letter read: “We have in accordance with your instruction carried out an appraisal survey on the property at No. 13 Colliery Avenue, G.R.A., Enugu which was acquired in 1982 by Nigerian Telecommunication Plc, successors in title to Nigerian External Telecommunication (NET) for the construction of their eastern gateway satellite. The property consists of a low density residential plot of land having an area of approximately 2.372 acres, on which is developed a two-storey family dwelling house, a single storey guest house and a single storey boys quarters.”

Then in the report itself, paras. 1.1 and 1.2, the following important and instructive information is given:

“1.1. Preamble

We were instructed and our services retained by Chief c.c. Onoh, Chairman of Rockonoh Property Company Limited to carry out a survey and valuation of the property at No. 13 Colliery Avenue, G.R.A., Enugu acquired in 1982 by Nigerian External Telecommunication (NET) the predecessors of Nigerian Telecommunication Plc (NITEL) the present occupiers of the premises.

1.2. Purpose of Valuation The valuation is being carried out to determine a fair and just compensation payable to Rockonoh Property Co. Ltd. as restitution for their interest in the property at No. 13 Colliery Avenue, G.R.A., Enugu which was acquired by Nigerian Telecommunication Plc successors in title to Nigerian External Telecommunication for the construction of their eastern gateway satellite.”

The evidence is that the demolition of the buildings on No.13 Colliery Avenue was done by the 1st respondent in 1983. The testimony of P.W.2, David Abiodun Sowade, who was the Secretary/ Legal Adviser of the 2nd respondent indicates this. He said inter alia:

“1st defendant gave us information that the President would lay the foundation stone of 13 Colliery Avenue in 1983, May 13th … I arranged for the 2nd defendants to remove their personal effects so that demolition could take place … The coup of 1983 terminated everybody’s appointment. I was in office when demolition was going on.”

In his evidence, P.W.1 who appeared to have known of the contract for the demolition called for the written contract. He said he had given notice to the 1st respondent to produce it. He also admitted that the company, Tora Nigeria Limited, which was contracted to carry out the demolition was one of his subsidiary companies. He in fact produced and tendered the written contract, and it was admitted as exhibit U. The contract was signed on 14 July, 1983 between the 15t respondent and the said company. The contract work was to be completed on or before 30 August, 1983. There is nothing to show that the contract was not performed as agreed. It is therefore correct to say that the demolition took place between 14th July and 30th August, 1983.