Solomon Echanomi V. Mrs Philomena G. Okotie & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMIRU SANUSI J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Delta State High Court of Justice (hereinafter referred to as “the lower court”) delivered on 4th of May, 2009 in two consolidated suits Nos. UHC/115/2004 and UHC/19/2005. At the lower court, the appellant herein as plaintiff, instituted the first suit against the defendants, herein identified as the first set of respondents claiming the underlisted reliefs:-

“1. A DECLARATION that the plaintiff is entitled to the conveyance of ALL THAT piece of or parcel of land measuring approximately by 100ft by 50ft lying and situate and being at or known as No.181 Ughelli/Patani Road, Ughelli, Delta State of Nigeria within the jurisdiction of this court.

2. A DECLARATION that any purported sale, transfer, assignment or alienation to any person or persons of the aforesaid piece or parcel of land is null, void and of no effect whatsoever.
3. AN ORDER OF SPECIFIC PERFORMANCE compelling the 1st defendant to complete the sale alienation and/or conveyance of ALL THAT piece or parcel of land measuring approximately 100ft by 50ft lying situate and being at or known as No. 181, Ughelli/Patani Road, Ughelli, Delta State of Nigeria within the jurisdiction of this Honourable court in pursuance to the agreement of the sale of the land between the 1st Defendant’s father in respect of which the plaintiff has performed part and commenced development of same and currently in exclusive possession.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st – 4th Defendants, their agents, servants, privies or any person however (sic) from interfering in any way with the plaintiff’s exclusive possession of ALL THAT piece or parcel of land lying situate and being at and known as No. 181 Ughelli/Patani Road, Ughelli within the jurisdiction of this Honourable Court.”

in the second suit No.UHC/19/2005, the 4th respondent herein, PETER EDEHA sued the defendant who is the appellant herein claiming the under mentioned reliefs:-

‘WHEREFORE the plaintiff claims against the defendants is as follows:-

(a) A declaration of title to the piece or parcel of land and/or premises known as and/or called OKPARURHIE land measuring approximately 100ft by 50ft lying, situate and being at No.181, Ughelli/Patani Road, Ughelli, Delta State of Nigeria a place within the jurisdiction of this Honourable Court.

(b) A declaration that the plaintiffs has a better title to that piece or parcel of land and or premises known as and/or called OKPARURHIE land measuring approximately 100ft by 50ft lying, situate and being at No.18l, Ughelli/Patani Road, Ughelli and he is the person entitled to possession of same as against the defendant.

(c) An order ejecting the defendant his agents and/or Servants or any person howsoever described from the said piece or parcel of land and/or premises described above.

(d) An order compelling the defendant to pay the sum of N5,000,00 (five thousand Naira) monthly as monies (sic) profit for unlawfully remaining in the said piece or parcel of land and/or premises until the final determination of suit or alternatively the sum of N1,000,000.00 (one million Naira) as general damages.

(e) An order or perpetual injunction restraining the defendant, its agents, servants and privies from interfering with the plaintiff enjoyment of the land in dispute.”

Pleadings were ordered, filed, amended and exchanged and the lower court as I said earlier, consolidated the two suits. At the conclusion of the proceedings the learned trial judge dismissed all the reliefs sought by the appellant herein and found in favour of the 4th respondent herein PETER O. EDEHA as follows:

“In suit No. UHC/19/2005:

Mr. Peter O. Edeha vs. Solomon Echanomi – I enter judgment for the plaintiff therein Mr. peter o. Edeha in the following terms:

(1) Declaration of title to that piece or parcel of land measuring approximately 100ft by 50ft lying, situate and being at No.181, Ughelli/Patani Road, Ughelli, presently being occupied by Solomon Echanomi the defendant within the jurisdiction of this Honourable Court.,