Mr. Edawaderhie Enoriode & Ors V. Mr Francis Enude (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Kaduna State High Court of Justice delivered on the 31st May 2006 by Bashir Sukola J.

The brief facts of the case are that the Plaintiff/Respondent was allocated a plot of land by the Kaduna North Local Government, on 26th day of August, 1978 located at No. E. E. 10 Unguwar Dosa Kaduna. He was issued with a certificate of occupancy No.010243 and has a file No.LAN/Q/655. The plot measure 50ft by 100ft. The plot has boundary with plot EE9, EE 11, Lere road and at the back with Plot EE 10A Unguwar Dosa.

The Plaintiff/Respondent said he mortgaged the property to the Bank of the North, Kano Branch and that he developed it with the proceed from the mortgage loan. After conclusion of the building, the Plaintiff/Respondent had a serious motor accident which kept him in hospital for several months and was later taken to his hometown for further medical care. The Plaintiff/Respondent alleged that the 1st Defendant/Appellant believing that the Plaintiff had died, quickly trespassed into the land and occupied the building. He also denied people who came on behalf of the Plaintiff/Respondent accesses into the building and the Premises.

The Plaintiff/Respondent upon recovering was transferred from Kaduna to Maiduguri by his employers. The Plaintiff/Respondent came from Maiduguri to Kaduna to inspect his building and he discovered that the 1st Defendant/Appellant has taken over his building and has applied for a statutory right of occupancy.

The Plaintiff/Respondent said that he briefed his solicitor who on the 18th day of September 2000 wrote to the 1st Defendant/Appellant to vacate the Plaintiffs/Respondents’ building at plot EE 10 Unguwar Dosa Kaduna and deliver up the appurtenances thereof.

The claim of the Defendants/Appellants is that the land in dispute belongs to Alhaji Danlami Ismaila and that he sold it to the 1st Defendant/Appellant and that there was no development on the land whatsoever. The Defendants/Appellants insisted that the Plaintiff’s/Respondent’s claim is belated having stayed aside and watching the development on the plot or premises for over ten years and without any form of complaint.

The claim of the Plaintiff before the trial Court as reflected in the statement of claim at page 5 of the Record of Appeal reads:

“15. WHEREOF Plaintiff claims against the Defendant as follows:

a. A DECLARATION that the Plaintiff is the owner of plot No. EE 10 Unguwar Dosa, Kaduna covered by certificate of occupancy No.010243 issued by the Kaduna North Local Government.

b. A DECLARATION that the offer of grant of statutory right of occupancy issued to the defendant by Bureau for land, survey and country planning dated 31st October 1995 and any certificate of occupancy issued thereof are null and void.

c. AN ORDER that the defendant, his agents or anybody claiming through him should relate the said Premises.

d. The sum of N80,000,00 per annum from 1995 till date for use and accusation of the said premises.

e. The sum of N2,000,000.00 (Two Million Naira) only for trespass”.