Alhaji Isiyaku Yakubu V. Adamawa State Urban Planning And Development Authority & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This Appeal challenges the Judgment of the High Court of Justice, Adamawa State which Judgment was delivered by the Honourable Justice Bobbo Umar of the Yola Division on the 30th day of March, 2011 dismissing the Plaintiff/Appellant’s case and refusing the grant of all the Reliefs sought by him.

The Appellant had in both his 2nd Amended Writ of Summons and 2nd Amended Statement of Claim dated and filed on the 14th April, 2008 but deemed duly filed by order of Court on the 24th day of June, 2008 sought for the following Reliefs in paragraph 21 thereof:-

“21. Whereof the Plaintiff claims against the Defendants jointly and severally as follows:-

(a) A declaration that the refusal of the Defendants to grant the Plaintiffs tenant permission to erect a kiosk is unreasonable, null and void.

(b) A declaration that the building plan to the Plaintiff in 1980 by the 1st Defendant and the Adamawa State Ministry of Works is still valid and subsisting and covers the erection of any structure on Plaintiffs land OR an Order directing the 1st to 3rd Defendants of grant permission to the Plaintiff for the erection of structures on the aforesaid land of Plaintiff.

(c) A Perpetual injunction restraining the Defendants either by themselves, agents or privies from denying enjoyment of the Plaintiffs land or tempering with any of the Plaintiffs or Plaintiffs tenants properties, the Plaintiff being the title holder of the land per certificate or Occupancy No. GS/147 and having been granted building permit.

(d) An order directing the Defendants to publish an apology letter to the Plaintiff for the wrongful refusal in a National Newspaper.

(e) N15, 000.00 every six months as special damages on the rent paid but refunded consequent upon the refusal of permission from 1st March 2004 till final liquidation.

(f) N6, 000,000,00 (Six Million Naira) general damages.

(g) Cost of this Suit.”

Upon being served, the Defendants joined issue by filing their Joint Statement of Defence dated 18th April, 2005 same date. At the hearing of the case, the Appellant testified called a witness and tendered twenty one (21) documentary Exhibits marked A – KK (pages 44 – 56 and 55 – 79 of the Records refer) whereas the Defendants called a witness who was not cross-examined and the Court closed the Defendants’ case on the application of the Plaintiff’s Counsel and all efforts by the learned Counsel for the Defendants to persuade the Court below to reopen their case for their witness to be cross-examined proved abortive. The learned trial Judge delivered his Judgment on the 30th March, 2011 after the conclusion of the learned Counsel’s Addresses. It would be recalled also that the Court below visited the locus in quo before delivery of the Judgment. Dissatisfied with the Judgment of the learned trial Judge, the Plaintiff/Appellant appealed to this Court by a Notice of Appeal with Six Grounds dated and filed on 20th June, 2011.

In line with the Rules of this Honourable Court, the respective learned Counsel for the parties exchanged their Briefs of Argument, following the transmission of the Record of Proceedings of the lower Court to this Honourable Court. Before then, Chief L. D. Nzadon of Counsel to the Appellant was by a motion on notice dated 18th June, 2012 and filed on the 20th of June, 2012 granted leave to amend the Appellant’s Notice and Grounds of Appeal earlier filed in the lower Court and subsequently an Amended Notice of Appeal still with 6 (six) Grounds was filed in this court 27th of November, 2012.

In the Appellant’s Brief filed on the 20th June, 2012 but also deemed filed on the 27th of November, 2012 and settled by Chief L. D. Nzadon & Co. four issues couched in the following terms and hereunder reproduced were distilled from the six Grounds of Appeal thus:-