A Rivers state High Court Wednesday ordered the Nigerian Navy to vacate a disputed property in Port Harcourt and pay N200 million in damages to the Lawrence Zidougha family, ending a long-running legal battle.
The suit, filed in 2016 by Bodiseowei Zidougha against the Chief of Naval Staff, the Nigerian Navy, and the Commander of NNS Pathfinder, challenged the navy’s occupation of the estate on Plot 81, GRA Phase 1, Diobu, Port Harcourt.
The claimant, Zidougha, who is the estate administrator, shared the copy of the 44-page judgement with reporters.
Mr Zidougha had asked the court to declare the Nigerian Navy’s use of the property without his approval unlawful and amounting to trespass, and to order the Navy to leave the property and pay N150 million in damages.
Delivering judgment, Justice Chinwendu Nwogu, held that the claimant had established his case and affirmed the family’s ownership of the property.
“I find merit in the case of the claimant, and the same succeeds,” the judge stated, holding that the Nigerian Navy’s use of the property without Mr Zidougha’s approval is unlawful and illegal and constitutes trespass.
It further declared that Zidougha, as administrator of the estate, is entitled to full control and enjoyment of the property.
“An order be and is hereby made that the defendants shall forthwith vacate the property.
“An order of perpetual injunction restraining the Nigerian Navy, either by themselves, agents, privies, proxies, and or by whomsoever and in any manner, howsoever, from further trespass and/or continuing trespass of the property,” the court held.
The court also awarded N200 million as exemplary damages against the Nigerian Navy and ordered: “10% interest rate per annum on the judgement sum until final liquidation.”
(Premium Times)