MRS. GRACE CHIADI MR. HAMILTON CHIADI (ADMINISTRATIX AND ADMINISTRATOR OF ESTATE OF LATE ANTHONY ONYEGBUNA CHIADI) V. MRS. DEBORAH AGGO, ATTORNEY-GENERAL OF RIVERS STATE & RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY

ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the decision of Ungbuku Chief Judge of Rivers State in suit No. PHC/59/ 92 sitting at Port Harcourt given on 5th July, 1995 dismissing the plaintiffs’/appellants’ claim but giving judgment for the defendant on her counter- claim but being dissatisfied they appealed to this court, filing only one ground of appeal at the onset. They later filed 6 additional grounds of appeal against the decision. The plaintiffs’ claim in the High Court per their amended statement of claim at pages 60 - 62 is for:

“1. Declaration that the Sale Agreement made between the defendants, registered as No. 9 page 9 volume 96 (9/9/96) Lands Registry Office, Port Harcourt dated 12th January, 1983 is null and void and of no effect whatsoever, in that the said document does not confer any legal title in accordance with Land Use Act, 1978.

2. Possession of the said property (building) Plot F, Block 151 municipally known as No. 99, Victoria Stree…