Ahmadu Falke V. Billiri Local Government Council & Ors (2016)

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JUMMAI HANNATU SANKEY, J.C.A.

This is an Appeal against the decision of the Gombe State High Court of Justice, delivered on the 2nd April, 2012 in Suit No.GM/150/2007 in which, Judgment was entered in favour of the Respondents and against the Appellant.

The Appellant before this Court was the Plaintiff at the trial High Court of Gombe. He took out a Writ of summons against the Defendants (now Respondents) on 23-07-07, first in the name of HARUNA YAKUBU which was later substituted with AHMADU FALKE, which substitution was effected vide the grant of a motion on notice dated 29-08-07 (at pages 12 to 22 of the Record), Ruling delivered on 08-10-07 (at pages 114 to 120 of the Record), wherein the present Appellant/Plaintiff sued the Respondents in a representative capacity on behalf of the Sarkin Baka Family. The Plaintiff claimed the piece of land referred to as Yola Popandi Kulgul as belonging to his family and other families he represented, while the Defendants contend that the land claimed had been acquired as a grazing reserve by the 1st Respondent in 1963. The parties are ad idem

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in respect of the name of the land in dispute and the land is well known to the parties in dispute as Yola Popandi Kulgul (Paragraph 3 (b) of the Defendants affidavit as well as Paragraph 13 of the Statement of Defence at pages 24 and 30 respectively of the printed Record of Appeal). At the close of trial, the suit of the Appellant was dismissed by the Lower Court on 02-04-12. Dissatisfied, the Appellant filed this Appeal vide a Notice and Grounds of Appeal dated on 22-06-12, wherein he complained on eight grounds.

The crux of the Appellants claim as Plaintiff is that the land known and called Yala Popandi Kulgul, is owned by the Plaintiff and his siblings, children of late Sarkin Baka. They gave a portion of the land to a Fulani herdsman called Jagaba, to occupy temporarily. The District Head of Tanglang at the time, Abubakar Gaude, an uncle to Yakubu Sarkin Baka, mandated the latter to show Jagaba, the place known as Yola Popandi Kulgul to reside temporarily. The Fulani man remained on the land peacefully until the siblings of Jagaba started laying claim to the ownership of the land after the death of the

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Plaintiffs father, eight years before the commencement of the suit at the Lower Court. Conversely, however, the Defendants claim that the area in dispute is a grazing reserve acquired since 1963 by the 1st Defendant, Billiri Local Government Council.

In line with the Rules guiding, the procedure of this Court, parties exchanged their respective briefs of argument. At the hearing of the Appeal on 24-02-16, Chief Caleb Ubale Esq, learned Counsel for the Appellant, with him Ayuba Esq, adopted the Appellants Brief of argument deemed duly filed on 28-10-15 and relied on the arguments therein as the Appellants arguments in the Appeal. He urged the Court to allow the Appeal, set aside the Judgment of the Lower Court and grant all the reliefs sought by the Plaintiff at the Lower Court. While Emmanuel Nwaekwe Esq., learned Counsel for the Respondents, appearing with Maigari A. Lakata Esq. and Atna Kuyembo Esq., adopted the Respondents Brief of argument deemed properly filed on 04-02-16. He relied on the arguments contained therein as the Respondents arguments in the Appeal in urging the Court to dismiss the Appeal and affirm the

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Judgment of the trial Court.

Whereas learned Counsel for the Appellant formulated four issues for determination from his eight grounds of appeal, the Respondents distilled two issues. The Appellants issues are set out hereunder:

1. Whether the Appellant did not prove his case on a preponderance of evidence both in his pleading and on the oral evidence (Grounds 2, 3, 4, 6, & 8).

2. Whether the Respondents have proved the acquisition as claimed in law (Ground 5).