Facts
The dispute which resulted in this appeal involved ownership of a state land known as Plot 134 Oromineke Layout, also designated as Nos. 6 and 6A Wogu Street, Port Harcourt. The land was originally leased in 1962 to Mr. Arua Kalu, who subsequently transferred his interest via a Power of Attorney to Mr. Frederick Nwosu Iheme, the predecessor-in-title to the Appellants. Mr. Iheme developed and occupied the property, and by a 1972 Will, he bequeathed the land to the Appellants.
In 1972, the Rivers State Government purportedly cancelled the lease via the State Lands (Cancellation of Leases) Edict, and in 1986, sold the property to the 4th Respondent. The 4th Respondent thereafter attempted to take possession of the property by bringing down some structures in the property, prompting the Appellants to commence an action for trespass and other reliefs against the Respondents in 1982. Owing to the delays the suit suffered, parties agreed to dispense with the need to call oral evidence and proceeded based on documentary evidence and written addresses. The trial court delivered judgement on 2nd April 2012 and found that the State Lands (Cancellation of Leases) Edict had been declared void by the Supreme Court. Thus, the court held that the 1986 sale to the 4th Respondent was null and void. The trial court also found that the irrevocable power of Attorney did not vest on the Appellants valid legal title because there was nothing showing that the consent of the Governor was obtained either prior or subsequent to its execution as provided for in the Lease Agreement. Nonetheless, the trial court entered judgement in favour of the Appellants with respect to the claims for trespass and perpetual injunction against the 4th Respondent only.
