Abdullahi Ado Dan Koya Kufasa & Ors V. Mallam Baffa Kuren Daga & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the Jigawa Sate High Court in Suit No JDU/9/2000 delivered by Honorable Justice Tijjani Abubakar on the 7th of April 2000 dismissing the Appellant’s application for interlocutory injunction. The Appellants, as plaintiffs, commenced the action in the lower Court against the Respondents, as defendants, by a writ of summons dated the 10th of February, 2000 and their claims were for:

i. A declaration that the Plaintiffs are the traditional custodians of fishing water ponds at Kufasa, Madiga, Gwayi and Kakum having been in active fishing occupation of the said water ponds from time immemorial.

ii. A declaration that the Plaintiffs cannot be deprived of their active fishing occupational rights from the water ponds without due process of law.

iii. A declaration that anything that has the effect of denying and or depriving the plaintiffs as traditional custodians of their active fishing occupational rights without the due process of law is in bad faith.

iv. An order of perpetual injunction restraining the Defendants whether by themselves or through their agents, servants, proxies, appointees, representatives of howsoever known and called from disturbing the Plaintiffs from their being traditional custodians of these water ponds.

v. The cost of filing and prosecuting this suit as well as solicitor’s fees.

The Appellants filed a motion ex-parte also dated the 10th of February, 2000 and by which they sought for:

a. An order of interim injunction restraining the Defendants either by themselves or through their agents, servants, proxies or in the name of Miga Fishermen Association from entering, disturbing and fishing in the water ponds known and described as Kafasa, Madiga-Bindadau, Gwayi and Kakum until the hearing and determination of the motion on notice.

b. An order of interim injunction restraining the Defendants either by themselves or through their agents, servants, proxies or in the name of Miga Fishermen Association from entering, disturbing and fishing in the water ponds known and described as Kafasa, Madiga-Bindadau, Gwayi and Kakum on the 12th day of February, 2000 or any other date subsequent until the hearing and determination of the motion on notice.

c. An order of interim injunction keeping the matters in status quo in respect of the Plaintiffs as traditional custodians of the water ponds.

The application was supported by a six paragraph affidavit. The Appellants also filed a motion on notice dated the 10th of February, 2000 seeking for orders of interlocutory injunction in the same terms as prayed for on the motion ex parte. The lower Court heard the motion exparte on the 11th of February, 2000 and it granted the interim orders of injunction as prayed. In granting the application, the lower Court stated thus:

“I have considered the affidavit evidence before me and I am satisfied that it is just and proper to grant the interim orders 1-3 sought by the Plaintiffs/Applicants in order to maintain the status quo and also forestall the breach of law and order in the area. The three prayers (1-3) supra are hereby granted upon an undertaking by the Plaintiffs or their counsel to pay appropriate compensation in the event it is found that the Plaintiffs/Applicants do not deserve the orders granted.”

The motion on notice for interlocutory injunction was thereafter adjourned to the 1st of March, 2000 for hearing. The application was contested by the Respondents and it suffered several adjournments and was eventually argued before the lower Court on the 7th of April, 2000. The lower court dismissed the application in a ruling delivered on the same day. The lower Court said thus: