Sarat Nig Limited & Ors v. Railway Property Management Limited & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA. (Delivering the leading judgment)

This is an appeal against the decision of the Kaduna State High Court sitting at Kaduna delivered by Hon. Justice N.U Sadiq in suit No. KDH/KAD/611/2021, on the 31st day of January, 2022, wherein the trial court dismissed the appellants’ motion on notice for judicial review by way of certiorari, and quashed the proceedings conducted before the 2nd respondent.

The appellants’ were the applicants at the trial High Court, while the respondents herein were the respondents at the trial High Court.

The appellants’ being aggrieved with the decision of the trial court had appealed against same to this court vide their notice of appeal dated the 15th day of March, 2022, challenging the decision of the trial court on three grounds. See pages 207 – 211 of the record.

The record of appeal was compiled and transmitted to this court on the 26th of May, 2022. The appellants’ brief of argument was filed on the 31 of October, 2024, but deemed as properly filed and served on 16th January, 2025. The respondents did not file any brief in this appeal.

At the hearing of the appeal, upon the court being satisfied that the respondents were served with the appellants’ brief and hearing notice, counsel to appellants was allowed to argue the appeal based on appellant’s brief alone, and this court reserved the appeal for judgment.

This appeal was commenced at the trial court by the appellants who were applicants vide an application for judicial review for the orders of certiorari for quashing the proceedings of the 2nd respondent pursuant to a civil proceedings led by the 1st respondent against the appellant on ownership of land.

The application for judicial review which was preceded by an ex-parte application by the 1st respondent for leave to apply for judicial review (See pages 1 – 10 of the record) was brought pursuant to section 6(6)(a) of the 1999 Constitution as amended and Order 37 Rule 1(1) (2) (3) (4) (5) (6) & Order 15 Rule (1) of the Kaduna State High Court (Civil Procedure) Rules, 2007, and same seeks as follows:

1. An order of certiorari quashing the entire proceedings and the decision of the 2nd respondent delivered on the 4th of February, 2021 in case No. KDC/965CV/2018 – Railway Property Management Company Ltd v. Sarat Nigeria Ltd & Amadun Gari for the wrongful assumption of jurisdiction by the 2nd respondent to entertain a case pertaining to the ownership or title of landed property measuring approximately 1,241.71 square meters and known as plot No. KD44/cc441 Kaduna South, Kaduna State (also described as JS 35 Junction Road, Kaduna)
2. And for such order(s) as this honorable court may deem it to make in the circumstance of this application.

Brief statement of facts

The brief fact of the circumstance leading to this appeal is that the 1st respondent herein who was plaintiff sued the appellants before the 2nd respondent in case No. KDC.965CV/2018.

The appellant then led a notice of preliminary objection on the 4th of November, 2020 challenging the jurisdiction of the 2nd respondent to hear the case of the 1st respondent.

The objection was argued and adjourned for ruling by the 2nd respondent, and on the date for ruling set by the 2nd respondent, the 2nd respondent declined to determine the preliminary objection of the appellants, but ruled that the appellants could raise the objection again in a final address after close of trial.

The appellants aggrieved by the decision of the 2nd respondent applied to the trial High Court for judicial review of the proceedings of the 2nd respondent so as to quash the ruling of the 2nd respondent of 4th February, 2021.

The lower High Court heard the motion for judicial review as argued by both parties and by her decision of 31st January, 2022, the court dismissed the appellant’s application for judicial review, hence, this appeal. See the judgment of the court at pages 202 – 206 of the record.