Alhaji Ali Kaka V. Alhaji Umaru Mohammed (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment)

The Appellant (the Plaintiff at the Court below), has herein appealed against the judgment of the Borno State High Court, Maiduguri, delivered by Hon. Justice C. A. Mamza on April 10th 2014.

The appellant vide Suit No. BOHC/MG/CV/90/2011, at the Court below sought the following reliefs:

i. A declaration that plaintiff is entitled to farmland situated at Muna and covered by customary right of occupancy No.000101.

ii. Injunction restraining the defendants, his servants agents or any 3rd party claiming through him from disturbing the plaintiff’s possession.

iii. An order that the defendant has no right to sell the said farmland and if there is any such sale, it is null and void.

iv. Cost of the suit.

His case, after evidence had been taken, was dismissed as lacking merit and in consequence this appeal.

The gist of the case at the Court below as gathered from the printed Record before this Court according to the Appellant is that;

He bought a piece of land from one Alhaji Hassan Yahaya, the transaction was conducted in

the house of Alhaji Yahaya Hassan and duly witnessed by Alhaji Abdu Bulama, Alhaji Kachallah Hussaini, Malam Mustapha and Alhaji Ummaru. That after the sale, he was given the relevant documents of title including customary right of occupancy in the name of one Hajiya Hauwa Alhaji Umaru Mohammed, who got the said land as a gift from her father, the Respondent, Alhaji Umoru Mohammed.

According to the Respondent, he bought the land in dispute from one Modu Kura, he never applied for customary right of occupancy over the land and there was no formal alienation of same between him and the said Modu Kura or any of his representatives before Maiduguri Metropolitan Council. Further that, all the necessary documents were handed over to him by the said Modu Kura after payment and that he sold part of the land to someone but denied giving any part of it to his daughter, Hajja Hauwa Alhj. Umaru as alleged by the Appellant.

The Appellant’s Notice of Appeal, dated May 2nd, 2014 was filed on August 21st, 2014, with eight (8) grounds of appeal. The following sole relief is being sought:

An order setting aside the decision of the trial Court and entering