Alhaji Abatcha Ali Gana v. Mr. Barnabas Atiyaye (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

The disputed land in this action are Plot Numbers 98 and 99 lying and situate behind Mashidimami Waters, Damboa Road in the Abakari Ward, Maiduguri, Borno State.

The Plots are covered by Certificate of Occupancy No. BO/8687 in respect of Plot No. 99 dated 5th September, 1983 and issued in favour of one Abdullahi Baba of care Deputy Governor, Borno State of Nigeria.

The Certificate of Occupancy for Plot No. 98 has the number BO/8689. It is also dated 5th September, 1983 and issued in favour of one Alhaji Bulama Gur of care Biu Local Government, Biu, Borno State of Nigeria.

The toreadors in the action trace their title to the disputed land through their respective predecessors in title, to the said grantees of the Certificates of Occupancy.

For the appellant, his predecessors in title dealt directly with the said grantees of the Certificates of Occupancy. Au contraire, the respondents case is that the names on the Certificates of Occupancy are noms de plume or noms de guerre, used by the Deputy Governor of Borno State, at the material time, late Alhaji Ibrahim Anas, who was also the Commissioner for Lands and Survey, Borno State between 1979 and 1983, to acquire the land for himself. The respondents case is that his predecessors in title dealt with the said erstwhile Deputy Governor of Borno State from whom title devolved down to the respondent.

As the contestation raged, the appellant was the first to blink. He instituted proceedings before the High Court of Borno State in suit No. BOHC/MG/CV/27/2019: Alhaji Abatcha Ali Gana v. Mr. Barnabas Atiyaye. By his amended statement of claim dated 12th October, 2020, the appellant, as claimant before the lower court, claimed the following reliefs:

Whereof the claimant claim against the defendant for the follows:

a. A declaration of title that the claimant is the rightful owner of the plots of land known as plot No. 98 covered by statutory certificate of occupancy No. BO/8689 and Plot No. 99 covered by statutory certificate of occupancy No. BO/8687 laying and situate behind Mashidimami Waters, Damboa Road, Maiduguri.

b. A declaration that any purported sale, transfer, assignment or alienation to any person of the plots of land Nos. 99 and 98 covered by statutory certificate of occupancy Nos. BO/8689 and BO/8687 situate behind Mashidimami Waters, Damboa Road, Maiduguri null and void.

c. An order of perpetual injunction restraining the defendant his agents, servants, privies or whatsoever from further act of trespass on the plots of land known as No. 98 and 99 covered by statutory certificate of occupancy no. BO/8689 and No. BO/8687 situate behind Mashidimami Waters, Damboa Road, Maiduguri.

d. An order of cancellation of certificate of occupancy No. BO/8698 and BO/8697 in possession of the defendant.

e. The cost of the suit.”

The matter went to trial on the pleadings filed and exchanged by the parties. Testimonial and documentary evidence was adduced and, in its judgment, delivered on 21st July, 2023, the lower court, Coram Judice: Bappah, J. dismissed the appellant’s case for lacking in merit.