Alhaji Goni Kyari V Alhaji Ciroma Alkali (2001)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

By a writ of summons issued on the 28th day of June, 1986. The plaintiff, who is the 1st respondent herein, instituted an action against the 1st defendant, who is now the appellant, at the Maiduguri Judicial Division of the High Court of Justice, Borno State, claiming as follows:

“(a) A declaration that the defendant is not entitled to enter or use the said farmland.

(b) An injunction to restrain the defendant either by himself, his servants or agents or otherwise whosoever from entering or using the said farmland.

(c) Damages.

(d) Further or other relief.”

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

On the application of the 1st defendant, both the Attorney-General and the Commissioner for Lands and Survey, Borno State were on the 16th day of June, 1987 joined as “third parties” in the suit. The “third parties” are now the 2nd and 3rd respondents respectively in this proceeding.

The question whether the 2nd and 3rd respondents were properly joined as “third parties” in the suit has not been raised as an issue in this appeal by any of the parties. I do not, therefore, propose to make any comment on the subject.

The 1st defendant in his Statement of Defence vigorously denied that the plaintiff was entitled as claimed or at all and counter-claimed against the said plaintiff as follows:

“(a) A declaration that the Defendant has an equitable and customary interest and title in the said farmland, having acquired customary law title and possession from his predecessors in title in an undisturbed long possession and his said rights cannot be defeated merely by subsequent issuance of certificates of occupancy Nos. 00080 and BO/3508.

(b) Declaration that the issuance of the certificates of Occupancy Nos. 00080 and BO/3508 to the plaintiff in so far as they cover the areas in the possession of the Defendant is wrongful, illegal and unconstitutional and in breach of the Fundamental Rights of the Defendant entrenched in the Constitution of Federal Republic of Nigeria as modified, and the Land Use Act, 1978.

(c) An order of this Honourable court directing the immediate cancellation of the certificates of Occupancy Nos. 00080 and B0/3508 issued in favour of the plaintiff.

(d) A perpetual injunction restraining the plaintiff by himself, his agents or privies claiming from him from trespassing into the said piece of land.”