Alhaji Isah Bachirawa V. Alhaji Shehu Abdullahi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kano State High Court, holden at Kano in suit No. K/138/2012, delivered on 31/3/2014 by Hon. Justice Dije Aboki, wherein the Claims of the Respondent for declaration of title were granted.

The Respondent’s Claims at the lower Court against the Appellant vide the amended Statement of Claim dated and filed on 20/2/2013 contained at pages 61-64 of the records were as follows:

1. A Declaration of this honourable Court that the Plaintiff is the rightful owner of the said plot of land lying and situate at Bachirawa in Ungogo Local Government Area of Kano State.
2. A declaration that the act of the defendant constitutes a trespass into the land of the Plaintiff and as such is illegal, unconstitutional, null and void.
3. A perpetual injunction against the Defendant from committing further or other acts of trespass into the land of the Plaintiff either by himself, agents, servants and privies or any other person by whatsoever name called or claiming through him from trespassing into the land.

?4. General

1

damages of N500,000.00.

5. Cost of this action.

The case for the Respondent as gathered from the evidence of the Respondent (PW1) and his vendor (PW2) are that the PW2 sold the plot of land to the Respondent on 25/11/87 and a sale agreement was executed between them. That the PW2 handed over the title documents to the Respondent which are the sale agreement between PW2 and his vendor one Hajiya Hadiza (Yargoggo) who was his aunt and the sale agreement between PW2’s vendor and the original owner one Alhaji Ibrahim Dala. That the plots were merged and sold to PW2 as one.

Both PW1 and PW2 stated the boundaries of the plot in their written witness statement on oath. That PW2 had peaceful possession of the plot since he bought same in 1993. That in 2011 when the Respondent wanted to develop the plot, he was prevented from doing so by the Appellant and some other people claiming that the plot belongs to the Appellant.

?On the side of the Appellant, the case for the Appellant is that the Appellant bought the said plot from one Ibrahim Mailittafi for about three years as at the time the Appellant gave evidence. That the Appellant vendor bought the plot

2

from one Alhaji Isa Maishanu and the plots were two which the Appellant bought at the sum of N1,500,000.00 (One Million Five Hundred Thousand Naira). That before the Appellant bought the plot, he made inquiry and found that Ibrahim Mai Littafi has good title. That after he bought the plots, he took control and six months after, the Respondent came in company of some people to claim title. That the issue was taken to the ward head of Bachirawa, the area where the plot is and both himself and the Respondent presented their documents of title.

That the ward head made inquiries and discovered the person whom the Respondent’s title derived from i.e. Ibrahim Dala and called a meeting with the said Ibrahim Dala who refused the Respondent’s claim that he sold the land to Hadiza Umaru or the PW2, Respondent’s vendor. At the trial, the Respondent testified and called one witness and tendered Exhibits while the Appellant testified and called 2 witnesses. At the conclusion of the case, judgment was entered in favour of the Respondent.

?The Appellant, dissatisfied with the said judgment, appealed vide a Notice of Appeal dated and filed on 2/5/2014, wherein 8 Grounds of

3