Alh. Bala Usman V. Tamadena & Company LTD & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of Hon. Justice Esther Inuwa of Kaduna State High Court in Suit No. KD/KAD/418/2008, delivered on 4/2/2009, wherein the Appellants motion seeking to set aside the 1st and 2nd Respondents writ of summons for want of issuance on the basis that it was not signed by the Registrar of the Court as required by the rules of Court, was dismissed by the learned trial judge.

The 1st and 2nd Respondents as plaintiffs’ at the lower Court claims against the Appellant/Defendant as per Paragraph 19 of the statement of claim dated 18th September 2008 as follows:

a. A declaration that the 1st plaintiff is the beneficial owner of the plot of Land Lying and situate at No. 6 Road ‘N’ on TPO 460A, extension of light industrial layout, Tudun Wada, Kaduna covered by Certificate of Occupancy no. KD. 901 dated 27th June 1998 and the 2nd Defendant has a subsisting equitable interest over the said plot of Land by virtue of the Sale Agreement dated 22nd December 1997.

b. An order of perpetual injunction restraining the Defendants, their agents,

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servants and privies or persons claiming through them or on their behalf from building continuing to build, fence, construct or doing anything whatsoever on plot No. 6 Road ‘N’ on TPO 460 A, situate at the extention of light industrial layout Tudun Wada, Kaduna, Kaduna State.

c. An order directing the 1st defendant to demolish the fence project and other developments that he had embarked upon and/or he is embarking upon and to vacate the said piece of land belonging to the plaintiffs.

d. General damages against the 1st defendant for the trespass and illegal encroaching on the property belonging to the plaintiff in the sum of One Million Naira (N1,000,000.00) only.

e. The cost of prosecuting this suit.

On its part the Appellant said that on 23/6/2000 the Governor of Kaduna State granted a Certificate of Occupancy over same plot of land with No. KD.2576 for the plot with TOP 460 A to Umura Ventures Nigeria Ltd which was later assigned to him through a Deed of Assignment dated 23/3/2008. That he constructed the said fence before the commencement of the suit.

Subsequently, the 1st and 2nd Respondents filed this suit against the Appellant,

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and 3rd & 4th Respondents applied and were granted an interlocutory injunction restraining the Appellant pending the determination of the suit. After pre-trial conferences, the Appellant by a motion on notice dated 13/1/2009 and filed 19/1/2009 brought an application praying for the following reliefs: