Alhaji Adamu V. Haruna Gulak (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR ALKALI ABBA, J.C.A. (Delivering the leading Judgment)

INTRODUCTION AND ARGUMENT BY EACH SIDE

This is an Appeal against the decision of His Lordship, Honourable Justice Adamu Buba Mubi of the High Court of Justice, Adamawa State, sitting at Mubi, delivered on the 30th day of March, 2009, where the Plaintiff/Respondent by a Writ of Summons dated 8th day of December, 2003 commenced an action with claim contained in paragraph 13 of the Statement of Claim dated the 8th day of December, 2003 where he claims as follows:

(a) Declaration that the plaintiff is entitled to statutory of occupancy over a piece of land measuring 100 feet by 50 feet situate at Yelwa Ward, Mubi Town, Adamawa State.

(b) N500,000.00 (Five Hundred Thousand Naira Only) damages for trespass to the land.

(c) Injunction restraining the Defendant from further trespass to or otherwise interference with the said land.

(d) Costing of the Suit.

Pleadings were ordered, filed and exchanged. The Plaintiff during trial called two witnesses and tendered one document which was marked “Exhibit A”, while the defendant on other hand also called two witnesses and tendered five documents as Exhibits “B, C, D, E and F” with their translated versions and Exhibit B1, C1, and D1″, respectively.

Counsel were heard on both sides in oral addresses and Judgment was given in favour of the Plaintiff/Respondent in terms of paragraph 13(a), (c) and (d) of the Statement of Claim. The Court also awarded N100,000.00 damages with a cost of N1,000.00 against Defendant/Appellant in favour of the Plaintiff/Respondent.

STATEMENT OF FACTS STATED BY RESPONDENT IN HIS BRIEF OF ARGUMENT

The Plaintiff/Respondent claims in his Statement of Claim that he and one Dominic jointly bought a piece of land which measures approximately 100 feet by 100 feet at the price of N640.00 (Six Hundred and Forty naira-only) sometime in the 1977 under customary law from one Jauro Yahaya (the late Ward Head of Yelwa Ward, Mubi) and they were put in possession thereof.

Thereafter, the Plaintiff/Respondent and his friend Dominic divided the land into two equal halves and each taking possession of 100 feet by 50 feet.

Dominic developed his own portion of the land while the Plaintiff/Respondent heaped trips of sand on his portion of in the preparation to build on the land.

While on a routine check in August, 2003, the Plaintiff/Respondent discovered that somebody had encroached on the land and constructed a fence wall in front of the land and upon investigation he discovered that it was the Defendant/Appellant that put up the fence. The Plaintiff/Respondent warned the Defendant/Appellant to stay away from the land but he continued to build on the land. The Plaintiff/Respondent then instituted action at the High Court of Justice Mubi, Adamawa State which has now given rise to the current appeal.