Alhaji Ahmadu Kubau V. Mallam Shehu Rilwanu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kaduna State High Court delivered on the 9th July, 1998 in suit No. KDH/284/86. The appeal is squared on three grounds of appeal as shown in the Appellant’s Amended Notice of Appeal filed on 26/11/2002.

The Plaintiff, now the Respondent in this appeal commenced an action against the 1st Defendant i.e. the Appellant and one other on the 3rd November, 1986. By his statement of claim dated 3/12/87, the Respondent claimed against the Appellant and the other Defendant jointly and severally the following reliefs:

“(a) A declaration that the Plaintiff is entitled to the possession of the piece of land measuring 0.27 acres lying and situate along Zaria-Jos Road and covered by Certificate of Occupancy No. 8051 of 9/11/82.

(b) An order for the possession of the said plot of land for the use and benefit of the Plaintiff.

(c) An injunction restraining the Defendants, their agents, assigns and/or successors and otherwise from further acts of trespass on the said Plot of land.

(d) Fifty Thousand Naira only being special and general damages for trespass.

PARTICULARS

(i) Payment of ground rent at N600.00 yearly from 1983 – 1987 = N3, 240.00

(ii) N40, 000.00 being the cost of the shops demolished by the Defendants.

(iii) N6, 760.00 being rent for the use of the shops.

ALTERNATIVELY

(e) An order for payment of adequate compensation by Defendant for Acts of trespass.

(f) Any other reliefs the court may deem fit to make in the circumstances.”