Alhaji Ibrahim Adamu V. Alhaji Abdullatif Hassan & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

J.C.A.TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Kano state High Court delivered on 31st January 2008, by Hon. Justice A. M. Haliru (of blessed memory).

The first, second and third Respondents in this appeal entered into partnership agreement with one Alhaji Hamdan Idriss, under the said partnership agreement, Alhaji Hamdan Idriss invested the sum of N755,000.00k in the business. The partnership agreement did not work after all.

Alhaji Hamdan Idriss therefore instituted an action before the Borno Upper Area Court in Suit No. BUAC/CVF/97. The court eventually entered consent judgment. The consent judgment was eventually executed in Kano after undergoing due process of registration.

The judgment was levied on the property of the first Respondent at Kawaji Quarters in Kano, specifically on property covered by certificate of occupancy No. CON/RES/95/282. The 4th and 5th Respondents in this appeal sold the said property by auction on 12th July 1999 to Bashir Abubakar who eventually sold the property to the Appellant herein Ibrahim Adamu.

The Respondents challenged the consent judgment of the Borno Upper Area Court, the Borno State High Court sitting as an Appellate Court set-aside the consent judgment of the Upper Area court. The 1st, 2nd and 3rd Respondents filed action against the Appellant at the lower court in Kano on 4th July 2005, claiming jointly and severally against the Appellants as follows:

1.A Declaration that the first Plaintiff is the legal and lawful owner of the property situate at Kawaji Quarters Kano and covered by certificate of Occupancy No. LKN/CON/RES/95/282, having validly obtained judgment against the 1st defendant.

2.A declaration setting aside the sale of the 1st Plaintiffs said property based on a judgment validly over-ruled on appeal.

3. An order of mandatory injunction commanding the 4th defendant whether acting by themselves or their servants, privies, assigns or whatsoever called, to vacate the premises of said property by leaving same vacant.
4. General damages.
5. Cost of filing this suit.

Dated this 4th day of July 2005

PP: OKECHUKWU NWAEZE & CO

PLAINTIFF’S SOLICITORS

NO. 65, IBRAHIM TAIWO ROAD, KANO.

At the trial before the lower court, Appellant and Respondents called one witness each, and at the conclusion of trial, the learned trial judge entered judgment in favour of the Respondents, setting aside the auction sale.

The Appellant became aggrieved by the decision of the lower court and therefore filed amended Notice of appeal on 26th June, 2013 containing four grounds of Appeal reproduced without particulars as follows: