Abidan Samuel V. Yahaya Waziri & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment)

The High Court of Justice of Gombe State sitting in Gombe in the Judgment delivered on the 22/3/2010 granted all but one relief in the action instituted by the Plaintiffs now Respondents in suit No. Gm/62/2003 on the 24th July, 2003.

The plaintiffs by the Writ of Summons and Statement of claim (as amended) claimed against the defendants now Appellants, a variety of reliefs in terms of the claim at paragraph 23 of the 2nd amended statement of claim to wit:

“23. As a result of the foregoing the plaintiffs have suffered damages WHEREOF the plaintiff claims against the Defendants jointly and severally as follows:

a). A declaration that the plaintiffs are joints heirs to the estate of their deceased grandfather Waziri Yakoli therefore joint owners of the plot of land located at Todi West of the District Head of Todi palace as described in paragraph 7 above

b) A declaration that the Defendants have trespassed into the said land.

c) The sum of Two Million naira Only (M2 M), against for

Defendants jointly and severally general as damages for trespass to the land and an order for the Defendants to remove their structure (s) thereon

d) An order of perpetual injunction against the Defendants, their servants, agents and privies restraining them from committing further acts of trespass on the plaintiffs land in question.

e) The cost of this action.”

Plaintiff and defendants both elicited evidence at the trial High Court wherein at the hearing certain documents were also tendered and admitted as Exhibits.

The case of the plaintiffs on the pleadings and evidence briefly put is that they are the descendants of their common grandfather, by name Waziri Yakoli. Waziri Yakoli was said to have migrated to Todi village along with other Tangale people who once lived in their old settlement (Kufayi) at the hills of Tal, their original home. But upon their arrival at Todi village, the colonial rulers then resettled the migrants and indeed Waziri Yakoli, who by this exercise was vested with title over the land now being claimed by the Plaintiffs. Waziri Yakoli in his lifetime was said to be a

generous and benevolent person who would accommodate all manners of people who needed his assistance. One of such people who enjoyed the benevolence of Waziri Yakoli was a woman called Goni (Gwami), the wife of the 1st defendant. Accounts had it that the woman (Goni) had some misunderstanding with her husband and this led to her leaving her matrimonial home to sojourn with the Wiziri Yakoli who made a grant of land to her to build her house where she lived until her death in year 2002 or thereabout.

Upon the demise of GONI the Plaintiffs, as grandchildren of Waziri Yakoli, in exercise of what they consider is their right over what they also claim was the property of their grandfather, made attempts to reclaim the land where the house of GONI was built but met stiff resistance from the defendants who claimed that they are the owners of the land hence the Suit instituted by the Plaintiffs at the High Court.