Alhaji Bukar Bolori V. Alhaji Bukar Gonimi & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The decision of Hon. Justice I.S. Bdliya, J., (as he then was) now a Justice of the Court of Appeal, delivered on 5th October, 2009 is under challenge in this Court. The Notice of Appeal was filed on 7th October, 2009. Appellant’s brief of argument was field on 11th July, 2012. The respondents filed their Joint brief on 6th June, 2013.

The claim before the lower Court was in respect of ownership to fourty-five (45) plots of land each measuring 100ftx50ft along Baga Road, Maiduguri, Borno State. Pleadings were filed and exchanged. The 1st respondent pleaded he derived title to the disputed plots by purchase from the 2nd respondent – Bulama Mitti, in the year 1991 at the total cost of N250,000.00 (Two hundred and fifty thousand Naira) only.

The appellant pleaded on the other hand that the Borno State Government acquired title to the land from the original owners in 1977 and paid compensation since 1978. When the appellant obtained title from the Borno State Government the original owners still demanded compensation which the appellant paid in 1978.

The plots of land are covered by a Statutory Right of Occupancy No.BO/86 dated 25th December, 1977. The appellant built a factory on part of the land. The portion in dispute is that which is yet to be developed by the appellant.

The respondent sought the following remedies in the Court below against the appellants:

“14. WHEREOF the plaintiff claims from the defendants jointly and severally as follows:

(a) A declaration that the plaintiff has the right of possession and occupation of the forty five (45) plots of land measuring 100 by 50ft each being, lying and situate along Baga Road, Maiduguri.

(b) An order of injunction restraining the defendants whether by themselves, agents, servants, privies or howsoever from further trespassing into the plots of land, alienating the plots of land in anyway so ever or erecting any structure temporary or permanent on the plots of land.

(c) A declaration that the trespass by the defendants unto the 45 plots of land and claim of adverse title to same is wrongful, illegal and unconstitutional.

(d) The cost of the suit.”

Alhaji Bukar Gonimi (Pw1), Bulama Sale (Pw2) and Bulama Isa Adam (Pw3) testified on behalf of the 1st respondent. Hassan Lawan (Dw1); Bulama Danhat Idris (Dw2); Alhaji Mala Maidugu (Dw3); Paul D. Ngadda (Dw4) testified in support of the appellant.

Exhibits “A”, “B” and “C” were put in at the trial. Learned Counsel submitted written addresses which the learned trial Judge considered before holding at page 92-93 of the printed record as follows:

“In sum, judgment is entered in favour of the plaintiff as follows: