West African Cotton Ltd. & Anor V. Salisu Samaila Yankara (2007)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A.

This appeal is against the judgment of Katsina State High Court of Justice sitting in Funtua Judicial Division dated 14th June, 2004 delivered by Hon. Justice I. M. Baka in Suit No. KTH/FT/20/03.

The facts of the case are that the Appellants were Judgment Creditors in Suit No. KTH/FT/23/98 between – WACOT and 1 Other VS. Alhaji Ahmadu Yankara, the Judgment debtor. By the leave of the Katsina State High Court sitting in Funtua dated 17th November, 2003 the immovable property of the Judgment debtor situate at Yankara town, covered by Certificate of Occupancy No. FAS/A/0088 was attached. Prior to the date fixed for the auction sale of the attached property, the present Respondent filed an originating summons claiming ownership of the said attached property. The originating summons was opposed by the Appellants. Judgment was eventually entered infavour of the Respondent. The Appellants being dissatisfied with the judgment filed a Notice of Appeal dated 23rd June, 2004 containing three grounds of appeal as follows:-

Ground One

“The learned trial Judge erred in law to have accorded strong probative value on Exhibit 1.

Particulars of Errors

(a) That it is trite law that Exhibit 1 is a mere acknowledgement receipt.

(b) That Exhibit 1 per se cannot vest absolute interest on ownership in land.

(c) That the claimant is not in possession of the said property.

Ground Two

The learned trial Judge erred in law to have admitted Exhibit 4 in evidence.

Particulars of Errors

(a) That Exhibit 4 is registrable instrument.

(b) That Exhibit 4 was executed on 22/7/2002.