Alh. Yaya Adamu Kembu V. Alh. Muhammad Inuwa & Anor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment)

The High Court of Gombe State sitting on appeal, granted the application of the 2nd respondent herein for an order joining him as co-appellant in the appeal brought before it from the decision of the Upper Area Court, Kumo which set aside an earlier order of attachment and sale of a house in the case before it.

The decision or order of the Court made on the 16th February, 2017 did not however go down well hence, the appellant as party aggrieved, through the Notice and Grounds of Appeal dated and filed on the 28th February, 2017 appealed to this Court on four (4) Grounds. These grounds are subsumed in the Notice of Appeal and same are reproduced hereunder:-

GROUND ONE

The decision of the lower Court is unreasonable, unwarranted, and cannot be supported having regard to the weight of the affidavit before it

GROUND TWO

The lower Court erred in law when it granted the application of the 2nd Respondent dated 9th January, 2017 by joining the 2nd Respondent as an Appellant in the Appeal before it.

PARTICULARS OF ERROR

a. The application for joinder as a

1

co-appellant by the 2nd Respondent was contested on the contending affidavit before the lower Court.

b. The application of the 2nd Respondent to be joined as a co-appellant is in respect of an Appeal against the Ruling of Upper Area Court Kumo in Suit No. KUAC/CSFI/46/2016 which set aside the attachment and sale of a house in satisfaction of the judgment between the original parties in suit No. KUAC/CVFI/46/2016.

c. While the Ruling of the Upper Area Court Kumo in Suit No. KUAC/CVFI/46/2016 delivered on the 27/9/2016 deals with a house at AngwanJauro Musa, Kumo, the 2nd respondent complaint relates to a house at GarinLiman, Kumo town.

d. The 2nd Respondent did not show sufficient interest in the subject of dispute to warrant the lower Court in joining him as a co-appellant in the appeal before it.