Alhaji Abubakar Sadikwu Vs Alhaji Abba Dalori (1996)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C. 

The plaintiff’s claims as per paragraph 21 of his Further Amended Statement of Claim are as follows:

“Wherefore the plaintiff claims from the defendants jointly and severally the following:-

(a) That the plaintiff is the lawful owner of the piece of land measuring 100ft x 300 ft along Baga Road Maiduguri.

(b) N20,000.00 damages for trespass.

(c) A perpetual injunction against the defendants restraining these (sic) servants, or agents or privies from committing any further acts of trespass on the said land (d) That in the alternative the plaintiff is entitled to a possessory title against anyone except anyone who can prove a superior title to the said land.”

Originally only one defendant was sued, but later on in the course of the proceedings, the plaintiff sought for and was granted leave by the trial court to join the 2nd, 3rd, 4th and 5th defendants respectively.

Pleadings were ordered, filed and exchanged. Issues were also joined in the pleadings.

After taking evidence from both sides, Kolo J (as he then was) entered judgment for the plaintiff as follows:- .

“So having compared and contrasted the basis of claim of each party to this suit, I am now satisfied that the plaintiff has established a valid and, therefore a better title to the land in dispute to wit:

the land situate to the North of the Motor Park along Baga Road measuring 90 x 30 metres or in terms of feet measuring 300 ft x 100 ft bounded by three roads to wit:

on the west, south and east and by a house owned to Alhaji Abba Kyari on the north.

I so enter judgment for the plaintiff in respect of the said plot against all the five defendants with cost. The title to the said land is vested in the plaintiff to the exclusion of all the defendants in this suit.

Consequently, I order all the defendants including the 5th defendant company to give a vacant possession of the land in question to the plaintiff.