Alhaji Ahmadu Bello V. Hajiya Hafsat Birma (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of High Court of Kaduna State per Hon. Tanimu Zailani, delivered on 20/12/2005.

The appellant instituted the action claiming in the amended Statement of Claim the following:-

(1) A DECLARATION that the plaintiff is the rightful and beneficial owner of the property known and described as No.30 Conakry Avenue, Malali Low Cost, Kaduna.

(2) AN ORDER that the Defendant should forthwith vacate and deliver up possession of the said property to the plaintiff.

(3) A PERPETUAL INJUNCTION restraining the defendant more particularly her agents, servants, privies or anyone claiming through her by any authority expressed or implied from further trespassing or taking possession or doing any act or thing inconsistent with the right and interest of the plaintiff over the property herein before described.

(4) DAMAGE OF MESNE profit at the rate of N50,000.00 per annum commencing from November, 1993 until possession is finally delivered.

(5) For such further order or orders as this Honourable Court may deem fit to make in the given circumstances.

The Respondent equally filed a further amended Statement of Defence wherein she denied all the claims of the Appellant and counter-claimed as follows:-

(a) A Declaration that the Defendant is the rightful and beneficial owner of the properly known and described as No.30 Canakry Avenue, Malali Low Cost, Kaduna.

(b) A PERPETUAL INJUNCTION restraining the plaintiff by themselves, their agents, servants, assigns or whosoever from trespassing into the said property or otherwise disturbing the Defendant from peaceful occupation and enjoyment of same.

(c) General Damages of N500,000.00 (five hundred thousand Naira) only.

The Appellant thereafter filed a Amended Reply to the Respondent counter claim dated 3/12/2004 wherein he denied paragraphs 12, 13 and 14 of the Respondent’s counter claim and puts the latter to the strictest proof thereof.

Upon hearing the witnesses of both the plaintiff and defendant and evaluating the evidence before it the lower court entered judgment dismissing the claim of the Appellant in the following terms:-