Justice ChituruOguguo of a Rivers State High Court in Port Harcourt has dismissed a land recovery suit filed by Lawrence Anucha, son of the late Dr. Dominic Anucha, a former Deputy Governor of Rivers State, citing it as an abuse of court process.
In the suit marked PHC/233/CS/2025, Lawrence Anucha instituted legal action to reclaim a parcel of land originally allocated to his late father and later sold 27 years ago to Rockson Enearu, the defendant and current property owner in Port Harcourt’s GRA.
During proceedings, the defendant’s counsel, Ozununye Geoffrey Nsirim, questioned the legitimacy of the filings, noting that court documents appeared to have been submitted under two similar identities—Dominic Anucha and Lawrence Dominic Anucha—raising concerns about the manner in which the suit was initiated.
He argued that the claimant’s application to discontinue the suit was a strategic move to avoid the implications of procedural irregularities already identified in the case.
Although the claimant sought to withdraw the case, the court held that the matter has progressed beyond the preliminary stage.
Issues have been joined, and affidavits—including a motion for joinder and a counter-affidavit—have been filed, with no further challenge by the claimant.
Justice Chituru-Oguguo ruled that at such an advanced stage, a withdrawal amounts to an effective admission of defeat and warranted dismissal rather than a mere striking out of the matter.
