A Rivers State High Court sitting in Port Harcourt has granted an injunction restraining two businessmen, Chief Cletus Ibeto and Sir Daniel Chukwudozie from trespassing on each other’s large expanse of land located at Reclamation Road Layout, Port Harcourt.
Chief Ibeto and his company, Ibeto Energy Development Ltd had dragged his long-time business associate and friend, Sir Chukuwodozie before the court alleging that (Chukwudozie) and his two companies, Dozzy Oil and Gas and Sungreen Oil and Gas unlawfully trespassed on his 22 hectares of land.
Chukwudozie, in a counterclaim in the suit, also alleged encroachment on his land on the same location by Chief Ibeto and an indebtedness of over N3billion, which formed part payment for a piece of land to Ibeto but which was discovered be a fraudulent transaction.
Delivering judgment in the matter, Justice A. Enebeli partially upheld the claims of the two parties who were represented by E.C Ukala, SAN, for the claimants and Dr Onyechi Ikpeazu, SAN for the defendants .
On the claims of Chief Ibeto, the judge held: “The 1st Claimant is entitled to the statutory Right of Occupancy over all the property within the Reclamation Road Layout at Bundu Ama Community, Port Harcourt City Local Government Area, Rivers State, with a cumulative Area of 226536 Hectares comprised of Parcel A with an Area of 18560.840 Square Metres (1.8561 Hectares) and Parcel B with an Area of 207975.417 Square Metres (20.795 Hectares) respectively and shown on Plan No.
KES/RV024.2008 the subject of Deed of Sub-lease dated 19 March, 2010 and registered as Number 47 at page 47 in Volume 280 of the Lands Registry in the office at Port Harcourt.
“The Claimants’ Relief 4 succeeds in part. Accordingly, an injunction be and is hereby granted restraining the Defendants by themselves, their agents and assigns or however from trespassing on all that piece or parcel of land and developments thereon situated within the Reclamation Road Layout, measuring A+B 226536.257 Square Metres (22.6536 ).
Ruling on the counter-claim by Sir Dozie, the court held: 1. That the Deed of Assignment registered as No. 37 at page in volume 359 of the Lands Registry, Port Harcourt, Rivers State between Nigerian Technical Company Limited (NITECO) and the 3rd Defendant is valid and subsisting and that the 3rd Defendant is legally entitled to exercise all rights accruing to the lessee of the entire land subject matter of the Deed of Assignment – -e exclusion of the Claimants, their servants, and privies.
“The Claimant shall pay to the 1st and 2nd Defendants the sum of N3,295,000,000.00 (Three Billion, Two Hundred and Ninety-Five Million Naira) being the sum received or the equivalent of the sum received from the 1st and 2nd Defendants/Counter-claimants for the failed land transaction between the 1st Claimant and the 1st Defendant.
“That the Defendants Relief 8 succeeds. I hereby order the payment by the 1st Claimant of interest on the judgment sum at the rate of 10% per annum from the date of judgment until the liquidation of the judgment sum.
“The Defendants’ Relief 9 succeeds. Accordingly, an Order of Perpetual Injunction be and is hereby granted restraining the Claimants by themselves or by their servants, agents, or privies from continuing to lay claim over the 3rd Defendant’s land subject matter of Deed of Assignment between Nigerian Technical Company Limited (NITECO) and the 3rd Defendant registered as No. 37 at page 37 in volume 359 of the Lands Registry in Port Harcourt or any part thereof.
“And for the avoidance of doubt, the Claimants and Defendants/Counter-claimants are restricted to the portions of land granted them in this judgment. “
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