CORAM

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RAPHAEL CHIKWE AGBO

BALKISU BELLO ALIYU

SAMUEL ADEMOLA BOLA

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PARTIES

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1. HIS HIGHNESS CHIEF (DR.) ISAAC DANIEL OBIOUBA

(Village Head, Akiki Idung Udo, Eket)

2. HIS ROYAL HIGHNESS, OBONG MONDAY DANIEL UWEM

(Clan Head, Eket Afaha-Eket)

3. HIS HIGHNESS, OBONG SAMUEL WILLIE EDOHOEKET

(Clan Head, Elect Eket Offiong, Eket)

4. HIS HIGHNESS, CHIEF ETE UDO IKOT

(Clan Head – Eket Offiong-Esit, Eket)

5. OBONG EMMANUEL DANIEL ESU

(Village Head – Ikot Abasi, Eket)

6. OBONG ISANG ANDREW EDEOHOQUA

(Village Head – Ekpene Obo, Esit Eket)

7. OBONG MOSES HENRY BASSEY

(Village Head – Effoi Eket)        APPELLANTS

8. OBONG IKOT BENSON IKPANG

(Village head, Ekpene Ukpa Eket)

9. OBONG ESENTIA STEPHEN IDIONG

(Village Head, – Idung Udo Nsak, Esit Eket)

10. OBONG OTU JONES OTUINYANG (JP)

(Village Head – Idung Ibit Eyo, Eket)

11. OBONG CHARLES ESSIET ENO

(Village Head – Ikot Ibiok, Eket)

12. OBONG UDOETUK ESSIEN

(Village Head – Asang Ikot Usoekong, Eket)

13. OBONG SUNDAY UNYONGNKPO

(Village Head – Edo Atai, Esit Eket)

14. OBONG JOHN TOM UDOETTE

(Village Head – Idung Udo, Eket)

15. MR SAMUEL EKPA

(Uda Ikot Offiong, Eket)

16. ELDER BENSON JACTOR EKOTTSON

(Nta Isip, Eket)

17. CHIEF UDO THOMPSON UDO ONWONG

(Ikpa, Esit Eket)

18. SUPT. BASSEY ESSIET OKPOK (RTD)

(Afia Nsit, Eket)

APPELLANTS 

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1. ATTORNEY GENERAL OF AKWA IBOM STATE

2. MOBIL PRODUCING NIG. UNLIMITED (A SUBSIDIARY OF EXXON MOBIL)

RESPONDENTS 

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AREA(S) OF LAW

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APPEALS, CIVIL PROCEDURAL LAW, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

This is an appeal against the ruling of the High Court of Akwa Ibom State sitting at Eket Judicial Division (trial Court). The 1st Respondent stated that he instituted a suit as claimant against the 2nd Respondent for recovery of two pieces of land that were leased to the 2nd Respondent for 40 years vide a lease agreement between Government of Eastern Nigeria and the 2nd Respondent. The claim of the 1st Respondent was predicated on the fact that the lease agreement has since expired and the 2nd Respondent was holding on to the land unlawfully to date. The Appellants filed an application before the trial court praying to be joined as claimants to the suit and directly be served with all processes filed therein. The trial court refused the application of the Appellants and dismissed same. They became aggrieved and consequently lodged an appeal before this instant court.

 

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HELD

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Appeal dismissed; judgment of the trial court affirmed.

 

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ISSUES

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1. In view of the facts and circumstances of this Appeal, was the Trial Court right in refusing to join the Appellants as Parties to the Suit?

2. Whether the refusal to join the Appellants who are necessary parties to suit NO: HEK/56/2018 did not occasion a miscarriage of justice?

 

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RATIONES DECIDENDI

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RELIEFS – RELIEFS ARE PREDICATED ON THE STATEMENT OF CLAIM

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The above reliefs are predicated on the facts stated in the 1st Respondent’s statement of claim wherein he stated that he was suing the 2nd Respondent on behalf of the Akwa Ibom State to recover the leased land to 2nd Respondent on the ground that the lease agreement has expired in 2010 by effluxion of time. Therefore, the claims of the 1st Respondent in suit 56/2018 is to recover the land leased to the 2nd Respondent by the 1st Respondent’s predecessors in title, namely, the Governor of South Eastern Nigeria who entered the lease agreement in the name of the state. Per- BALKISU BELLO ALIYU JCA

 

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PARTIES TO A SUIT – WHETHER OR NOT NON-PARTIES TO A DOCUMENT CAN BECOME PARTIES TO A SUIT EMANATING FROM SUCH DOCUMENT

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The said lease agreement is attached to the statement of claims of the 1st Respondent, copied in pages 24-34 of volume one of the records of appeal. I close perusal of the said lease agreement shows me that there was no mention of the Appellants as party to that agreement. In fact, they, (Appellants) by their application for joinder are challenging/claiming the title/ownership of the said land the subject matter of the lease, which is completely a different claim from that set out by the 1st Respondent, i.e recovery of possession. It is apparent that the title to the land subject of the lease was not in issue in the suit NO: HEK/56/2018. Per- BALKISU BELLO ALIYU JCA

 

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JOINDER OF PARTIES – PARTIES SEEKING TO BE JOINED TO A SUIT MUST SHOW NEXUS OR INTEREST IN THE SUBJECT MATTER OF THE SUIT

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Therefore, the determination of that suit 56/2018 in terms of the lease agreement between the 1st Respondent and 2nd Respondent can certainly be effectually and completely determined without the presence of the Appellants. Their claim of title to the land is quite distinct from the claim of recovery of possession of the 1st Respondent against the Appellant. That is why I am at one with the learned trial Judge when he held that the Appellants have not pointed the nexus or interest they have with the subject matter of the suit of the 1st Respondent that was anchored on the 1970 lease agreement between the parties on record to make them necessary parties to be joined to the suit. Per- BALKISU BELLO ALIYU JCA

 

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JOINDER OF PARTIES ON APPEAL – APPELLANTS SEEKING TO BE JOINED TO A SUIT ON APPEAL MUST SHOW NEXUS/INTEREST IN THE SUIT TO WARRANT AN INTERFERNCE WITH THE DECISION OF THE TRIAL COURT

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The Appellants have also not shown us in this appeal such nexus or their connection with the written lease agreement that was the subject matter of the 1st Respondent suit to warrant our interfering with the decision of the trial Court. Per- BALKISU BELLO ALIYU JCA

 

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APPEAL WITHOUT MERIT – ATTITUDE OF A COURT TOWARDS AN APPEAL WITHOUT MERIT

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Consequently, the two issues are hereby resolved against the Appellants. It means that this appeal lacks merit and it is dismissed. The judgment of the High Court of the High Court of Akwa Ibom State, Eket Judicial Division delivered on the 11th November, 2020 by Hon. Justice Eno Isanghedighi is hereby affirmed by me. Parties shall bear their respective costs. Per- BALKISU BELLO ALIYU JCA

 

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CASES CITED

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STATUTES REFERRED TO

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1. Court of Appeal Rules 2021

2. Constitution of the Federal Republic of Nigeria 1999 (as amended)

3. Land Use Act

 

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