IN THE HIGH COURT OF RIVERS STATE

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT

SUIT NO. PHC/115/2016

BETWEEN
ENGR. RAPHAEL ONOSAKPOR - - - - Claimant
AND
1. MRS. VERONICA OSABIKU
2. CHIEF G. I. DICKSON - - - - Defendants
3. MR. ISAAC IKI

2ND AND 3RD DEFENDANTS’ REPLY ON PONTS OF LAW

1.0 INTRODUCTION
1.1 The claimant filed and served his final written address on the 2 nd and 3rd
defendants on 21st December 2023. In it, the claimant formulated four issues
for determination, as against the two issues formulated for determination by
the 2nd and 3rd defendants. Some of the issues formulated for determination
by the claimant are fresh issues which require the 2 nd and 3rd defendants to
respond by way of reply on points of law.

1.2 This is the 2nd and 3rd defendants’ reply on points of law to the fresh issues
raised by the claimant in his final written address.

2.0 REPLY ON POINTS OF LAW

2.1 On Issues 1 and 2, we submit that the 2nd and 3rd defendants have proved
that the 2nd defendant has a better title to the land in dispute than the
claimant based on the rule of priority. See Auta v Ibe [2003] 40 WRN 37
SC.

2.2 The law is trite that possession and acts of ownership do not by themselves
establish title. They only bolster one’s claim. See Ajikanle v Yusuf [2008] 2
NWLR (Pt. 1071) 301at 339 per Muhammad (as he then was). In the instant
case, the claimant did not plead acts of ownership and possession as his
primary root of title. Having pleaded his acts of ownership and possession
just to shore up his case of purchasing the land in dispute, he cannot rely on
these facts that had not been pleaded as having on their own the root of title
in support of his case, that he owns the land in dispute. The law must be
restated only by way of emphasis. It is only after the claimant had

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 succeeded in establishing his root of title as pleaded that such acts that
consequentially flow from his root of title as pleaded and proved would
properly qualify as acts of ownership. Where he failed to prove his
initial root of title, as in this case, his acts of possession or ownership if
pleaded as an alternative root but hinged on the initial unproved root of
title become acts of trespass. See Ajikanle v Yusuf (supra) at 339-340 H-C
per Muhammad (as he then was).

2.3 On Issue 4, we submit that it is the law that once a person puts himself in the
position of a rent collector, in respect of any land in dispute, he becomes an
agent or trustee and accountable for any rent collected in respect of the land
in dispute. See Anyaorah v Anyaorah [2001] 7 NWLR (Pt. 711) 158 at 178
per Akpabio JCA. In the instant case, both CW1 and CW2 admitted that the
claimant has put tenants in the property in dispute, who are paying rents to
him. Consequently, he is accountable to the 2 nd defendant for the rents he has
collected from the tenants in the property in dispute.

2.4 Issue 3 is well addressed in the 2nd and 3rd defendants’ issue 1. However, the
claimant did not respond to the 2nd and 3rd defendants’ issue 2. The law is
trite that where a party fails or neglects to react to an issue in contention
between the parties, the party in default is deemed to have admitted or
conceded the point/issue to his opponent. See Ugboaja v Akitoye-Sowemimo
[2008] 16 NWLR (Pt. 1113) 278 at 291-292 per Onnoghen JSC (as he then
was). In the instant case, the claimant has failed and neglected to react to the
2nd and 3rd defendants’ issue 2 and is deemed to have admitted/conceded the
counterclaim and we urge the court to sohold.

3.0 CONCLUSION/PRAYER
3.1 Once again, we urge the court to dismiss the claimant’s claim and grant the
2nd defendant’s counterclaim.
3.2 May it so please the court.

Dated the _____ day of ____________ 2023

______________________
Dr Gogo G. Otuturu, Esq.
(2nd and 3rd Defendants’ Counsel)

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Addresses for Service:

The Claimants
C/O His Solicitors
A.W. Selema, Esq.
W. S. Pepple & Co.
79 Bende Street
Port Harcourt
0805 077 6241

The 1st Defendant

Mrs. Veronica Osabiku
Oneman Village
Off Eneka Road
Rukpoku, Port Harcourt

The 2nd and 3rd Defendants

C/O Their Solicitors
S. J. Ofoluwa & Co.
Law House, 2nd Floor
12 Isiokpo Street
D/Line, Port Harcourt
08033036092

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