Alhaji Ali Mohammed v. Halima Abdullahi Ja’afaru (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES GAMBO ABUNDAGA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of high Court of Kaduna State in suit No: KDH/KAD/678/2004 delivered on 31st January, 2012 by Hon. Justice Isa Aliyu.

The first notice of appeal was filed on 13/2/2012. It was struck out on the application of the appellant. The extant notice was filed on 23/3/2017.

The extant notice of appeal which contains seven (7) grounds of appeal is contained in the additional record of appeal that was transmitted to this court on 29/7/2020 and deemed properly compiled and transmitted on 9/3/2021. The judgment of the lower court is contained on pages 223 – 257 of the record of appeal.

The record of appeal was compiled and transmitted on 3/2/2014, and deemed properly compiled and transmitted on 6/5/2015.

The appellant’s brief of argument was filed on 15/5/2019. It was subsequently amended; the appellant’s amended brief of argument was filed on 29/7/2020 and deemed properly filed and served on 9/3/2021.

The said brief was settled by Abbas Yahaya. The respondents filed their brief of argument settled by A. A Manta on 6/11/2020 and deemed properly filed and served on 9/3/2021.

The appeal was heard on 19/3/2024. At the hearing, the amended appellant’s brief of argument was adopted by Abbas Yahaya, who in doing so urged the court to allow the appeal and set aside the judgment of the trial court.

The respondents’ brief was adopted A. A Manta who having adopted it urged the court to dismiss the appeal and affirm the judgment of the trial court. Resume of facts leading to the appeal.

The respondents are heirs of Alhaji Abdullahi Ja’afaru, deceased who died and left them a vast farmland measuring about 20.0 hectares or 49.618 acres lying and situate at Unguwar Dosa within Kaduna North Local Government Area. The certificate of occupancy granted the respondents deceased father was later revoked and the land was acquired by Kaduna State Government, which made out layout and granted several of the plots to the respondents.

The appellant allegedly trespassed into the land, thus preventing the respondents from transacting transactions on their respective lands.

On the other hand, the appellant laid claim to the land as his contending that he bought the said land which total dimension he gave as 125ft by 250ft, and covered by a certificate of occupancy. The land the appellant claims lies at Unguwar Dosa New Extension, Kaduna.

The appellant counter-claimed for the land.

The matter went to trial which produced the judgment that was given against the appellant, hence the instant appeal.