Zimiro Emejuru & Anor V. Obediah Abraham & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellants herein, who were the plaintiffs at the High Court of Rivers State in their writ of summons dated 22nd of January, 1992 and their statement of claim dated 23rd day of November, 2001, claimed against the 1st and 2nd Respondents, who were 1st and 2nd defendants at the trial Court, the following reliefs: –

1. A declaration that the land called and known as Ugbate land, the subject matter of this suit, situate at Ubarama in the Ekpeye District of the Ahoada Local Government Area of Rivers State is the bona fide property and owned by the plaintiffs without any encumbrance.
2. A perpetual injunction restraining the 1st and 2nd set of defendants, their agents, servants and privies from alienating, further entering, allotting, partitioning or sharing for farming or any other purpose or putting into any group or individual use the land called and known as Ugbate situate at Ubarama in the Ekpeye District of the Ahoada Local Government Area of Rivers State.
3. The sum of N13,380,000:00 as damages for trespass by the third defendant.

1

Before the case was heard, the Appellants, by a motion dated 31st of August, 2000 sought for and were granted an order to join Nigerian Liquified Natural Gas Limited as a defendant.

The Nigerian liquefied Natural Gas Limited was accordingly joined to the suit as the 3rd defendant. It is now the 3rd Respondent in this appeal. As a result of the joinder of the 3rd Respondent, Learned Counsel for the 3rd Respondent issued a preliminary objection to the competence of the suit dated 29th November, 2001, in the following words: –

“An order of Court striking out this suit on the ground that the Court lacks jurisdiction to entertain same.”

The ground upon which the preliminary objection is based is as follows: –

“Section 251 (n) of the Constitution of the Federal Republic of Nigeria confers exclusive jurisdiction on Federal High Court to entertain civil cases and matters relating to mines and minerals (including oil field, oil mining, geographical surveys and natural gas).”

The preliminary objection was heard by the trial Court. In a reserved and considered ruling delivered on the 6th day of May 2002, Obie Daniel-Kalio J. (as he then was) upheld the objection and struck out the suit.

2

The Appellants appeal to the Court of appeal Port-Harcourt Division was dismissed on the 15th day of January, 2007. The appeal herein is against the decision of the Court of Appeal Port-Harcourt Division. The Appellants notice of appeal filed on the 5th of March, 2007 contains only one ground of appeal and it reads as follows: –

“The Learned Justices of the Court of Appeal erred in Law when they upheld the ruling of the trial Court that the State High Court lacked jurisdiction to entertain the claims of the plaintiffs”.

Particulars of Error.

(i) The claim was for declaration of title to land, trespass and injunction.