Alhaji Abacha Mohammed Kolo V. Alhaji Mohammed Lawan (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of the High Court of Borno State delivered on 26th September, 2008. In the judgment, the learned trial Judge dismissed the Plaintiff’s claims.

Being dissatisfied the plaintiff now Appellant appealed against the said judgment. The Appellant filed his notice and 5 Grounds of Appeal. On the 6th October, 2009, the Appellant filed the Appellant’s brief which counsel adopted. In it, counsel M.E. Oru Esquire formulated 4 issues namely:

(1) Whether or not, the Plaintiff/Appellant, from the pleadings and negligence before the trial Court has proved a better title to the land in dispute to be entitled to the reliefs claimed (Ground of Appeal No: 1).

(2) Whether or not the learned trial Judge was right when he held that the title of the respondent to the land in dispute was not revoked in 1995 before the grant to the appellant when the issue of ‘revocation’ was not pleaded before the Court (Ground of Appeal No.2)

(3) Whether or not the learned trial Judge was right in law when he failed to review, evaluate, properly evaluate and consider the pleadings, evidence, onus of proof and in particular the evidence of ownership, unencumbered developments, possession, use and enjoyment of the land in dispute (Grounds of Appeal Nos. 3 and 4).

(4) Whether the judgment was in the light of the circumstance of this case against the weight of evidence (Ground of Appeal No.5).

The Respondent filed his Respondent’s brief on 16th February, 2010 but deemed properly filed and served on 18th February, 2010. In it, the Respondent’s counsel K.J. Ntafa formulated 3 issues for determination as follows:

(i) Whether the respondent herein has an existing right over the land in dispute before the issuance of the Certificate of Occupancy No: BO/12336 (Exhibit ‘C’) to the appellant by the Borno State Government in 1996 (Ground 1).

(ii) Whether the, Appellant was validly and lawfully issued with the said Certificate of Occupancy No. BO/12336 by Borno State Government over the land in dispute (Grounds 2 and 3).

(iii) Whether the trial High Court properly evaluated and considered all the issues and evidence before him in arriving at its decision. (Grounds 4 and 5).

Issues 1 and 2 in the Appellant’s brief are in pari material with issues 1 and 2 in the Respondent’s brief. Issues 3 and 4 are also captured in the Respondent’s issue 3.

In assessing these issues I will adopt the issues as formulated by the Appellant. I will however deal with issues 1 and 2 on title to land together and issues 3 and 4 together since it is on the evaluation of evidence by the trial Judge.

ISSUES ONE AND TWO