Abubakar U. Birma & Ors V. Ahmed Damcida & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the judgment of the High Court of Kano State in Suit No K/961/2003 delivered by Honorable Justice Wada A. Omar Rano on the 1st of February, 2010. The action in the lower Court was commenced by late Alhaji Ibrahim Damcida against the Appellants, who are the administrators of the Estate of late Alhaji Umar Sanda Birma. The claims of late Alhaji Ibrahim Damcida, as plaintiff, against the Appellants, as defendants, were for:

i. A declaration that the plaintiff is the lawful owner of the said two premises known as No. 13E, Bello Road, Kano covered by Certificate of Statutory Right of Occupancy No. COM/RC/82/380 and premises known as No 148, Hotoro GRA, Kano covered by Certificate of Statutory Right of Occupancy No. KN/4999.

ii. A declaration that the said two properties were entrusted by the plaintiff to the deceased, late Alhaji Unamru Sanda Birma, to manage and control and the authority did not vest the title to the two properties unto the deceased.

?iii. A declaration that the authority given to the said deceased in his capacity as the custodian of the

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said properties is not enough to confer such right on the defendants to apply for letters of administration over the said two properties.

iv. A declaration that the defendants have no right whatsoever to take over or control the said two properties without the prior consent of the plaintiff.

v. A declaration that the Letters of Administration dated the 27th of May, 2003 which was subsequently amended by inserting the name of the fourth defendant without a valid order of Court makes the entire Letters of Administration ineffective and null and void.

vi. An order directing the defendants to render full account of all transactions in respect of the said two properties since they assumed their positions as administrators and administratrix of the said two properties.

vii. In the alternative, an order striking out the names of the two properties from the list of properties to be administered by the defendants as contained in the Letters of Administration issued by the Probate Registrar, Kano High Court dated 27th of May, 2003.

viii. An order directing the defendants not to do anything regarding or pertaining to the said two properties until

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the final determination of this matter.