Port Harcourt, Nigeria – In a legal twist that underscores the judiciary’s stance against the misuse of court proceedings, the Rivers State High Court has dismissed a property recovery suit filed by Lawrence Anucha, son of the late Dr. Dominic Anucha, a former Deputy Governor of Rivers State. The court also ordered him to pay ₦300,000 in costs for what was described as an abuse of court process.
The case, marked PHC/233/CS/2025, revolved around a property located in the Government Reserved Area (GRA) of Port Harcourt. The property was originally allocated to Dr. Dominic Anucha but was sold 27 years ago to the current owner, Rockson Enearu, who was named the defendant in the matter.
Presiding over the case, Justice Chituru-Oguguo ruled that the suit was improperly instituted and had gone too far in the judicial process to be simply withdrawn without consequences.
The defendant’s counsel, Ozununye Geoffrey Nsirim, drew the court’s attention to inconsistencies in the filings, particularly the use of two slightly different names—Dominic Anucha and Lawrence Dominic Anucha—as the basis of the legal claim. He argued that the claimant’s sudden move to withdraw the suit was a calculated attempt to evade accountability over the procedural flaws that had been exposed.
Despite Anucha’s application to discontinue the suit, Justice Chituru-Oguguo observed that the matter had reached an advanced stage, with key legal documents—including a motion for joinder and a counter-affidavit—already filed and not contested. This, the court held, indicated that substantial progress had been made beyond preliminary hearings.
In a strongly worded ruling, the judge emphasized that the claimant’s withdrawal at that stage could not be treated as a mere technical exit.
“This court finds that the Claimant/Applicant’s application for discontinuance, though to be allowed, appears intended to avoid the consequences of the issues raised in the Defendant/Respondent’s unchallenged affidavits,” the ruling stated.
The court ruled that rather than striking out the suit—a move that would leave room for the case to be refiled—it should be dismissed outright as a deterrent against the improper use of the courts.
Additionally, the judge agreed with the defendant’s call for financial compensation, noting that Enearu had committed time and resources to defending himself against a suit that should not have been filed in the first place.
“Accordingly, this court accepts the application of the claimant to withdraw the matter and same is hereby granted. However, the court rejects the application to strike out the suit. Rather, the suit is liable to and is hereby dismissed. Claimant is to pay the Defendant cost assessed at Three Hundred Thousand Naira (₦300,000.00) only,” the judge ruled.
The verdict sends a clear message to litigants about the importance of due diligence, accuracy, and sincerity in initiating legal proceedings—especially in matters involving long-disposed property.
