Alhaji Musa Umar V. Alhaji Tijani Saleh Geidam (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Alhaji Musa Umar (hereinafter known as the plaintiff/appellant) had a dispute with Alhaji Tijani Saleh Geidam (hereinafter called “the defendant/respondent”) relating to a piece of land measuring “about 500×250 meters” lying and situate at Bulumkutu Tsallake, Maiduguri, Borno State consisting of 15 rooms, and a bakery which the appellant/plaintiff alleged he had purchased from the defendant/respondent and is entitled to a Right of Occupancy over the plot of land. The dispute went before the High Court of Justice, Maiduguri, Borno State.

The writ of summons was filed by the appellant on 3rd March, 2002. Paragraph 25 of the statement of claim sought the following reliefs against the respondent:

“25. WHEREFORE the plaintiff claims from the defendant:

(a) A declaration that the sale of the piece of land measuring about 500 by 250 meters to the plaintiff by the defendant’s brothers, agents, servant, and/or privies is valid, subsisting and binding on the defendant.

(b) A declaration that the plaintiff has by virtue of the sale to him by the defendant’s brothers, agents, servants, and/or privies acquired right, interest and is entitled to the Right of Occupancy over the plot lying and situate at Bulumkutu Tsallake, Maiduguri measuring about 500 by 250 meters and consisting of 15 rooms, and a bakery.

(c) A declaration that the attempts by the defendant at various times between 1996-2002 to re-negotiate or review upwards a valid, binding and subsisting agreement to sale using the police is unconstitutional and invalid.

(d) A further declaration that the harassment or continued harassment, intimidation of the plaintiff by the police at the instance of the defendant, for the purposes of re-negotiating the price of the piece of land already developed by the plaintiff is unconstitutional, illegal, null and void.

(e) An injunction restraining the defendant whether by himself, agents, servants, or privies from interfering in whatever way with the plaintiff’s rights in and over the land in dispute.

(f) General damages of the sum of N500,000.00 (Five Hundred Thousand Naira).

(g) Cost of this suit.”

The respondent filed a statement of defence denying liability followed by a Counter-claim as follows:

“7. The defendant repeats paragraphs 1 to 16 both inclusive of the defence and counterclaims for:

(1) A declaration that the defendant is entitled to the right, interest and title in the land in dispute measuring 1,454 sq. meters situate at Bulumkutu which right has been recognized by the Ministry of Land and Survey, Borno State in a plan of the area contained in part of BOTP/16 Bulumkutu Layout under Right of Occupancy No.BO/13241.