Alhaji Isiyaku Yakubu v. Mallam Adamu Alhaji Yakubu Karal & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellant filed this appeal against the decision of Adamawa State High Court in suit No. ADSY/113/2012, delivered on 5th February, 2020 by Hon. Justice Abdulazeez Waziri, wherein the learned trial Judge (now Justice of the Court of Appeal) dismissed the claim of the plaintiff (now appellant).

At the trial court, appellant, as plaintiff, had sought the following reliefs:

(1) A declaration that plaintiff is entitled to all that piece of land lying and situate off Jimeta-Numan Road, covered by an Adamawa State Grant of Right of Occupancy No. GS/13941, measuring about 18,900 square metre.

(2) A perpetual injunction restraining the 1st, 2nd, 3rd and 4th defendants, their servants, privies, workmen or however called, from entering into and tempering with the plaintiffs land in any way, whatsoever.

(3) An order of court directing 1st, 2nd, 3rd and 4th defendants to apply to the Adamawa State Ministry of land and survey, finance, and effect the re-establishment of beacons removed by them or their workmen on the plaintiffs land.

(4) N5,000,000.00 (Five million naira) only as general damages.

(5) 10% monthly interest on the judgment sum from the date of judgment till final liquidation.

(6) Cost of this suit.

Alternatively:

(1) A declaration that the plaintiff is entitled to a piece of approximately 1.90 hectres along Numan Road near FGGC Yola at ADSYP2, as alternative land.

(2) An order of court directing the 5th and 6th defendants to lawfully and properly acquire a plot of land of measurement and place stated in prayer (1) herein and give to the plaintiff, as the alternative land agreed upon, within 30 days from the date of judgment in this suit.

(3) An order of court directing the 5th and 6th Defendants to process and issue the Plaintiff with the site plan of the place lawfully acquired as well as a Letter of Grant and Certificate of Occupancy within 30 days from the date of judgment.

(4) N20,000,000.00 as general damages (See pages 81 – 82 and 419 – 420 of the records of appeal).