CaseLaw
RNHW V. Sama (1991) CLR 3(a) (CA)
Judgement delivered on December 10th, 1990
Brief
Facts
The plaintiff, a medical doctor, at a time including November, 1971 had a practice in Switzerland. He at that time acquired 151. I acres of land at Ekot Inin Village, Calabar on a 99 year lease with effect from January 1, 1972 from a certain Egbo Egbo Bassey Family. He obviously intended it for building his own clinic see exh. 1, deed of lease registered as No. 45 at page 45 in volume 19 of the Lands Registry in the office at Calabar.
On 14 September, 1976 some preliminary arrangement in the form of intent, as I see it, was made by the plaintiff and RNHW to rent and develop approximately 20 acres out of the land described in exhibit 1. The development was earmarked for Dr. Sama’s Industrial Hospitals Estate Complex” as a contractor financed project by RNHW see; exh. 5. This intent was on 29 November, 1976 spelt out in an agreement whereby RNHW was to build 40 consent for an underlease; and that both of these did not amount to entry into possession of the property as contemplated by both parties.
The plaintiff further alleged that the RNHW put some staff of the NPA in possession of the buildings. There was no single evidence to support this. The RNHW denied it. The plaintiff finally alleged that by virtue of a publication in a newspaper, the Sunday Chronicle of February 4, 1979 back page, (exh. 4) the RNHW had sold the property to NPA and thereby prevented him from exercising his option under the underlease. He said that this amounted to a breach of the building agreement.
TIn 1979 the Cross River State Military Administrator revoked all right of occupancy on all parcel of land, including the land in dispute for public purpose of Nigerian Ports Authority Judgment was given to the plaintiff. Dissatisfied with the judgment the defendant appealed