Alhaji Nuhu Yashe V. Mohammed Lawal Umar (2003)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

In the High Court of Justice at Katsina, the respondent who was the plaintiff claimed against the appellant who was the defendant on behalf of himself and other heirs of the late Alhaji Umar Kofar Tsauri as follows:

“(a) A declaration that the property lying and situated at Musa Abdullahi Road Kayalwa Quarters Katsina belongs to the heirs of the deceased.

(b) A declaration that the agreement between the deceased and the defendant was a pledge and not a sale agreement.

(c) An order compelling the defendant and/or his agents to transfer possession of the property and all documents over same to the heirs of the deceased.

(d) General damages.”

The pleadings ordered were duly filed and exchanged between the parties. The statement of claim was later amended with leave of court.

At the hearing, the respondent as plaintiff gave evidence on his behalf and called two witnesses who testified in support of his case while one witness testified on behalf of the appellant who was the defendant.

Briefly stated, the case of the respondent as plaintiff is that on the 16th day of February, 1983, a pledge agreement in respect of the house lying and situate at Musa Abdullahi Road, Kayalwa Quarters plot ‘B’, Katsina, was reached between the late Alhaji Umar Kofar Tsauri, the owner of the property and Alhaji Nuhu Yashe, the appellant. The pledge agreement was reduced into writing for which the sum of N10,000.00 was given to the late Alhaji Umar Kofar Tsauri. Although the agreement also contained a condition for the purchase of the property valued at between N35,000- N37,000.00, the property was not sold by late Alhaji Umar Kofar Tsauri to Alhaji Nuhu Yashe, the appellant, before the death of Alhaji Umar Kofar Tsauri even though the pledged property was not redeemed by the late Alhaji Umar Kofar Tsauri before his death. All efforts to recover the pledged property from Alhaji Nuhu Yashe, by the plaintiff on his own behalf and other heirs failed, hence, the institution of the action at the trial court.

On the other hand, the appellant as defendant, agreed that a pledge agreement in writing was reached between him and the late Alhaji Umar Kofar Tsauri but claimed that it was in respect of both plots ‘A’ and ‘B’ that the late Alhaji Umar Kofar Tsauri pledged the houses to him for the sum of N10,000.00. The appellant however claimed that they also reached another agreement for the purchase of the pledged property at the sum of N22,000.00 if the late Alhaji Umar Kofar Tsauri did not refund the pledge amount on or before the 31st day of May, 1983 and the appellant claimed that he had paid the balance the sum of N12,000.00 to the late Alhaji Umar Kofar Tsauri, therefore, he claimed the ownership of the property.

At the conclusion of evidence, counsel on both sides addressed the court. The learned trial Judge in a reserved judgment considered the facts of the case and the issues raised before him and found for the plaintiff when he concluded his judgment as follows:

“From what I quoted in connection with this case in hand, I held that there is no contract of sale between the defendant and the plaintiff’s father. I also hold that the defendant had not paid the whole balance of N12,000.00  because there was no evidence of such payments.

Therefore I accept the evidence of the plaintiff that the defendant loaned his father the sum of N16,200.00 for the pledge of Blocks ‘A’ & ‘B’. In view of what I have said above, I make the following orders:

1.That the property lying and situated at Musa Abdullahi Road, Kayalwa Quarters, Katsina, belongs to the heirs of late Umar Kofar Tsauri.