Alh. Sani Mani & Ors V. Alh. Shehu M. Shanono (2005)

LawGlobal-Hub Lead Judgment Report

KEKERE-EKUN, J.C.A.

This is an appeal against the judgment of the Kano State High Court in suit No. K/268/96, delivered on the 15th day of June, 2001, in favour of the respondent herein.

The respondent, who was the plaintiff before the trial court filed a writ of summons and statement of claim dated 7th May, 1996, seeking the following reliefs against the present appellants who were the defendants:

“1. A declaration that the purported inclusion of the plot covered by certificate of occupancy No. KN.5458 situate at and known as plot No. 15, Gwarzo Trading plots in the Estate of late Mani by the 1st and 2nd defendants is illegal, null and void.

2. A declaration that the purported sale of the said plot of land to the 3rd defendant by the 1st and 2nd defendants is illegal, null and void.
3. A declaration that the plaintiff is still the rightful owner of plot No. 15, Gwarzo Trading plots covered by certificate of occupancy No. KN.5458 and is therefore entitled to peaceful and undisturbed possession.
4. An order of perpetual injunction restraining the defendants including the entire estate of late Mani from trespassing on the said plot of land and from doing any act prejudicial to the interest of the plaintiff.”

The appellants filed a 15-paragraph statement of defence and joined issues with the plaintiff on his claims. Both parties led evidence at the trial and tendered exhibits. At the conclusion of the trial, the court entered judgment in favour of the respondent and granted all his reliefs.

The appellants being dissatisfied with the judgment have appealed to this court by their notice of appeal dated 26th June, 2001 and filed the same day, at pages 51-54 of the record, on four grounds.

The four grounds without their particulars are as follows:

“1. The learned trial Judge erred in law and arrived at a wrong conclusion by conferring title to the land in dispute on the respondent thereby failing to dismiss the respondent’s suit notwithstanding the respondent’s failure to prove title superior to that of the appellant.

2. The learned trial Judge erred in law and arrived at a wrong decision by wrongly presuming the validity of the certificate of occupancy relied upon by the respondent in proof of his title to the land in dispute when the respondent had not established its validity, the extent of the grant covered by it and the manner through which his grantor acquired title to the land in dispute.
3. The learned trial Judge erred in law and arrived at a wrong conclusion by wrongly presuming that the land in dispute is well known to both parties when the appellants have indeed vigorously raised the issue of the identity of the land and challenged the respondent’s witnesses on it under cross-examination.
4. The learned trial Judge erred in law and arrived at a wrong conclusion by conferring title to the land on the respondent that failed to displace the legal presumption which vests ownership of the land in dispute on the person in possession (the appellant) in this case, and no superior title had been established by the respondent.”

The brief facts that gave rise to this appeal as can be gathered from the printed record are as follows:

The respondent, Alhaji Shehu Mohammed Shanono who was the plaintiff at the trial court applied to the Kano State Government for a plot of land. He was granted a plot of land at Gwarzo in Gwarzo Local Government, which is covered by certificate of occupancy No. KN5458 issued in 1980. In 1981, he applied for and was granted building approval by the Urban Development Board, Kano State. The respondent who testified as PW3 stated that work on the land stopped when the contractor he engaged died and that the 1st and 2nd appellants subsequently encroached on his land and sold it to the 3rd appellant.

On their part, the appellants as defendants testified that they inherited the land in dispute from their late father who cleared the land 28-30 years earlier and farmed on it without any disturbance. They testified that after his demise the Upper Area Court, Gwarzo distributed the said plot of land to them as part of his estate.

In accordance with the rules of this court, both parties filed and exchanged briefs of argument. The appellant’s brief is undated but was filed on 17th April, 2002. The respondent’s brief dated 21st February, 2003 was filed with the leave of this court on 15th April, 2003.

In their brief of argument, the appellants submitted a sole issue for determination in his appeal thus:

“Whether the trial High Court Judge was right in refusing to dismiss the respondent’s claim for title to the plot of land, regard being had to the legal presumption that vests title on the appellant, respondent’s failure to establish the validity of the certificate of occupancy upon which his alleged title is based, the respondent’s failure to establish the manner through which his grantor acquired the title purportedly vested on him, the respondent’s failure to establish the identity of the plot of land by evidence and the weight of evidence.” (grounds 1, 2, 3 and 4 of the notice of appeal).