Ahmadu Ibrahim V. Musa Turaki (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment)

The suit leading to this appeal was commenced by one Hajiya Zainab Ahmadu as original plaintiff before the Potiskum Upper Area Court, Potiskum claiming for 2 houses belonging to one Hajiya Hauwa (now deceased) being part of inheritance properties of the deceased under the custody of the respondent herein. The original plaintiff on the first day of appearance sought for and was granted that she should subsequently be represented by Ibrahim Ahmadu, her son, whose name should be substituted for her own. From then on, the appellant took over the proceedings up to this court.

The trial court after hearing the parties and their witnesses declared the 2 houses claimed (i.e. one in Potiskum and one in Gombe) as inheritable properties for distribution to the heirs of the deceased, Hajiya Hauwa.

The defendant being dissatisfied with the judgment of the Upper Area Court Potiskum as stated above appealed against same to the High Court of Justice, Yobe State. The said High Court in its appellate jurisdiction (1) overruled the argument of the respondent before it on the issue of jurisdiction and proceeded to allow the arguments of counsel for the parties. The counsel to the respondent before the High Court canvassed arguments that the High Court of Justice locked the jurisdiction to hear the appeal. The court in its judgment overruled the argument by the respondent before it on the issue of jurisdiction and proceeded to allow the appellant’s appeal, set aside the judgment of the trial court and declared that the houses were properly given out to the appellant before it. The judgment was delivered on 21st day of June, 2002.

The original plaintiff now appellant being dissatisfied with the judgment of the High Court of Justice, Yobe State, with the leave of this court made on 5th day of June 2006 in motion No. CA/J/236M/04 filed his notice and grounds of appeal containing two grounds of appeal and dated 9th January, 2006. The said grounds of appeal reproduced without their particulars are as follows:

Ground 1

The Judgment is against the weight of evidence.

Ground 2

The High Court of Justice Yobe State sitting in its appellate jurisdiction erred in law when it held that it has jurisdiction to hear and determine the respondent’s appeal before it when same was based purely on succession to landed properties.

Particulars of Error (a) – (b) are Supplied

In compliance with the rules of court, parties filed and exchanged briefs of arguments. The appellant’s brief was dated 4th December, 2006 and filed on the 13th December, 2006. That of the respondent which was also dated 1st February, 2007 was filed on the some day.

The appeal came up for hearing on the 16th April, 2012 and in the absence of both counsel or parties but with briefs having been exchanged, same were deemed argued and the appeal reserved for judgment.

From the two grounds of appeal one issue which was formulated on behalf of the appeal is as follows:

Whether the High Court of Justice of Yobe State has the jurisdiction to entertain the respondent’s appeal before it having regard to the claim of the parties at the trial court vis-Ã -vis the provisions of section 272 and 277 of the Constitution of the Federal Republic of Nigeria 1999?