Abdulhamid Muhammed V. Dudu Bormu & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

In the High Court of Justice Taraba State, in the Gembu Judicial Division, the Plaintiff (now Appellant) took out a writ of Summons and in both the Endorsement on the writ dated and filed on the 25th day of March, 2008 and accompanying Statement of Claim of the same date, sought for the following Reliefs:-

“1. A declaration that the Plaintiff haven inherited the land from his late father Alh. Hommadu Jibbo is the bonafide owner and holder of all the Right, title and interest over all that parcel of land for mixed farming with an area of 333.46 hectares and covered by a Right of Occupancy No.GS/7369 dated 15th day of July, 1987 and that any encroachment or entering into any part of the said parcel of the land by the Defendants or any unauthorized persons is wrongful, illegal and is tantamount to trespass.

“2. An order of perpetual injunction restraining the Defendants by themselves their privies/representatives or whomsoever and howsoever acting on their behalf from either trespassing or encroachment into any part of the said land or doing anything that might in any way prejudice the Right, interest and Ownership of the said land.

“3. General damages of N500,000.00.00

“4. Cost of Litigation.”

Upon being served with the Originating processes of the Plaintiff/Appellant, the Defendants/Respondents filed their Joint Statement of Defence/Counter-Claim dated 27th day of June, 2008, wherein they Counter-Claimed as follows:-

“i. A declaration of title in favour of the Defendants/Counter-Claimants and their relations over their inherited lands which comprises of the old settlement, their later settlement and their farmlands now in dispute, OR in the alternative that the Defendants/Counter-claimants are entitled to right of occupancy over the land in question.

“ii. An order of perpetual injunction restraining the Plaintiff and his privies whosoever and howsoever from further acts of trespass on the Defendants’ inherited lands.

‘iii. General damages for trespass in the sum of Five Hundred Thousand Naira (only).

iv General damages for the suffering and inconvenience caused to the Defendants and their relations by the acts of the Plaintiff in the sum of Five Hundred Thousand Naira.

“v. Cost of this suit.”

Having been served with the Defendants’ Joint Statement of Defence and Counter-Claim, the Plaintiff/Appellant further filed A Reply To Statement Of Defence And Counter-Claim, and called upon the Court below to dismiss the case of the Defendants/Respondents. At the hearing of the case, the parties called three witnesses each and tendered a host of documentary Exhibits. Learned Counsel for the parties also filed their respective Written Addresses after the close of their respective cases which they adopted culminating in the Judgment of the Learned Trial Judge delivered on the 29tn July, 2011.

Dissatisfied with that Judgment, the Plaintiff (now Appellant) has appealed to this Court by a Notice of Appeal with Four (4) Grounds dated 15th of October, 2011 and filed on 18th October, 2011. Upon transmission of the Record of Appeal hereto, Briefs of Argument were duly exchanged by the Parties. In the Brief Settled by A. Umar Esq. of I. T. El-Sudi & Associates Chambers on behalf of the Appellants, four issues were distilled for determination couched in the following terms:-