Potter Dabup V. Haruna Bako Kolo (1993)

LawGlobal-Hub Lead Judgment Report

OLATAWURA, J.S.C.

The competing claims by the appellant and respondent were in respect of a piece or parcel of land in Jos, Plateau Sate. Both claimed to have the Certificate of Occupancy. It was when the appellant visited this piece of land that he found the respondent and his workers on the land. There was a challenge.

The respondent claimed damages for assault and battery, false imprisonment and damages for trespass. The appellant denied the claims and set up a counter-claim. In view of the issues raised about the counter-claim and the findings of the learned trial judge and the conclusions reached by the Court of Appeal. I consider it necessary to set out the claims and counter-claim verbatim. The appellant and respondent will be referred to as the defendant and plaintiff respectively.

The plaintiffs claims are as follows:

“(a) A declaration that the plaintiffs the owner of the landed property and the structures thereon along Jos-Bukuru Road (Now Yakubu Gowon Way) Jos measuring 3.31 Heactares covered by Statutory

Certificate of Occupancy No. PL5399.

(b) A perpetual injunction restraining the defendant his servants and/or agents from entering upon the said property or doing any other acts thereon incompatible and inconsistent with the plaintiff’s title and ownership of the said property.

(c) The sum of N550,000.00 whereof:

(i) the sum of N250,000.00 being damages for assault and battery wrongfully committed on the plaintiff by the defendant and his agents by beating him all over his body and manhandling him on the 27th October, 1982.

(ii) the sum of N250,000.00 being damages for falsely imprisoning the plaintiff for several hours before taking him to the police station at Bukuru on the 27th October, 1982.

(iii) N50,000.00 being damages for trespassing on the aforementioned property on the footing of aggravated damages.”

The defendant’s counter-claim reads as follows:

COUNTER-CLAIM

“1. By way (sic)counter claim, the defendant claims for the plaintiff the sum N50.000.00 being aggravated damages for trespass to the defendant’s land by the plaintiff upon the following grounds:-