Alhaji Abdullahi Adamu V. Mallam Mumkaila Isa (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Taraba State High Court delivered 18/8/2011 by Nuhu S. Adi, J. refusing the leave sought by the Appellant as Plaintiff before the court below to amend the statement of claim in line with the proposed amendment as clearly outlined in the proposed amended statement of claim.

Being dissatisfied with the decision of the court below dismissing the application to amend the statement of claim, the Appellant had appealed to this Court vide a Notice of appeal filed on 20/3/2012, having earlier first sought and obtained the leave of this court to so do on 13/3/2012. See Page 53 of the record of Appeal.

By a specially endorsed writ of summons dated 12/1/2007 together with the statement of claim, the Appellant as Plaintiff filed Suit No TRSJ/3/2007. Alhaji Abdullahi Adamu V. Mallam Mumkaila Isa against the Respondent as Defendant claiming the following reliefs, namely;

(a) A declaration of title on the plaintiff over the parcel of land each measuring ground 30m x 35m and the second one with an area of 30m x 18 respectively situate and lying behind State Security Service Office Complex, Jalingo which said land is well known to the parties and illegally fenced by the Defendant.

(b) A mandatory order compelling the Defendant and/or his heirs, privies agents, assigns and/or whosoever claiming through him to remove any structure, building etc introduced thereon which do not form a natural part of the disputed land.

(c) A perpetual injunction restraining the Defendant and/or his privies, heirs, agents, worthiness representatives executors or whosoever claiming through him from further trespass either by remaining or causing improvements thereon.

(d) The sum of N500,000.00 being general damages for trespass and/or demonstration of naked power and financial strength by Defendant.

(e) Cost of filing and prosecution of the Suit.

See pages 1 – 7 of the record of Appeal.

Upon service of the writ of summons and the statement of claim, the Respondent as Defendant entered appearance on 7/2/2007 and subsequently filed the statement of defence on 12/6/2007 denying the claims of the Appellant as Plaintiff. At the close of pleading, the matter was initially assigned to High Court 5 Jalingo presided over by Hon. Justice Danjuma (as he then was), but following his elevation to the Court of Appeal it was subsequently transferred to be heard de-novo before Hon. Justice Nuhu S. Adi, J of the Court below. See Pages 8 – 15 of the record of Appeal.

After several adjournments before the Court below, the case proceeded to hearing on 19/5/2011. The Appellant as Plaintiff had called two witnesses, who testified as PW1 and PW2 respectively and the matter was adjourned on 6/6/2011 to 24/6/2011 for continuation of hearing. See pages 16 – 26 of record of Appeal.

However, on 14/6/2011, the Appellant as Plaintiff filed a Motion on Notice with supporting affidavit praying for the following reliefs:-

(1) An order of the Court granting leave to the Applicant to amend his specially endorsed writ/statement of claim.