Abu Maizaki V. Zine Kabiru (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A.: (Delivering the Leading Judgment)

This appeal is from the decision of Katsina State High Court in suit No. KTH/DM/13/2008 delivered on the 20th July, 2009 by Hon. Justice A. A. Abukur, wherein Judgment was entered in favour of the Plaintiff (now Respondent) declaring her the owner of the land in dispute against the defendant (now the Appellant).

The claims of the Respondent’s, as Plaintiff, before the Lower Court were for:-

(a) “Declaration of this Honourable Court that the Plaintiff is the lawful owner of the farm in dispute.

(b) The farmland originally belongs to Danlami Plaintiff’s husband.

(c) An Order of perpetual injunction restraining the Defendant his agents, privies and servant from entry or claim ownership”.

The Appellant as defendant, filed a statement of claim to deny the Respondent’s claim.

In proof of her case, the Respondent as Plaintiff called 3 witnesses whose case was that the farmland in dispute situate in Turare Area, of Karo village belonged to Danlami, the late husband of the Respondent who died about 12 years prior to the year when the witnesses testified for

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the Respondent. It was their evidence that Danlami bought the farmland and farmed on it before he died. He was farming on the land and never sold it to anyone until he died.

The case for the Appellant as defendant through his 3 witnesses, himself inclusive as DW3, was that the land in dispute belonged to Ibrahim Danyaya who was the father of Dantami, the late husband of the Respondent from whom he bought the land at N7500.00 and was issued with a purchase receipt, exhibit 1A.

This was witnessed by Amadu Ango, DW2, who also, about 17 years before the year 2009, when he testified, was asked by the two sons of Ibrahim Danyaya, Danlami (late Respondent’s) husband and Ali to be shown the boundaries of the land. He obliged them. It was also the evidence of DW2 that Ibrahim Danyaya (father of late Respondent’s husband) was allocated the land in dispute by one Abu Nagambo after paying a levy of N800.00.

At the close of evidence and submission of both Counsel, the learned trial Judge held inter alia:

“The Plaintiff has successfully satisfied the crucial requirement by establishing the origin of the ownership of farmland to her deceased husband,