Alh. Isiyaku Yakubu V. Impresit Bakolori Plc & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

The Plaintiff/Appellant sued the Defendants/Respondents claiming that he was the owner of the land the subject matter of this appeal. The Appellant also claimed that sometime in April 1999 he noticed that the Respondents had entered into his land and dug it up. On enquiry he discovered that the Respondents were P.T.F. Contractors working on an irrigation scheme.

When he confronted the Respondents they invited him to a meeting and informed him that the Adamawa State Government was in the process of acquiring the land for irrigation which included his own land.

The Appellant unsuccessfully attempted to stop the Respondents hence the suit in the High Court which culminated in this appeal against the judgment of the High Court of Yola Adamawa State delivered on 10th April, 2001. The Plaintiff/Appellant dissatisfied with the judgment filed a notice and 2 Grounds of Appeal. The Appellant’s brief filed on 23rd June, 2003 was settled by J.O. Makinde Esq. In it he articulated 2 issues for determination namely:

(1) (Relates to ground 1 of the grounds of appeal). Whether the trial Judge was right in law when he refuse to grant relief Nos. 1, 2 and 3 of the Plaintiff’s claim.

(2) (Relates to ground 2 of the ground of appeal).

(a) Whether the award of damages of N50,000.00 by the lower court was based on relevant principles and considerations.

(b) Whether the sum of N50,000.00 awarded by the lower court is not manifestly low and inadequate in the circumstances of the case.

Also filed on 16th March, 2005 is an Appellant’s Reply Brief pursuant to an order of Court granted on 15th August, 2005.

The 1st – 4th Respondents brief was settled by Tayo Jegede SAN and filed on 3rd August, 2004 but deemed properly filed and served on 22nd November, 2004.

In the 1st -4th Respondents’ brief, the learned counsel articulated 2 issues for determination namely:

(1) Whether given the facts of his case, the trial court was right in refusing to grant declaratory reliefs 1, 2 and 3 in plaintiffs claim.

(2) Whether damages of N50,000.00 awarded by trial court can be said to be inadequate given to state of pleadings and evidence.

The issues articulated by both parties are similar in material, particulars and I intend to utilize the issues as articulated by the Appellant.