Alhaji Rabiu Nunku V. John Aya & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A (Delivering the Leading Judgment)

The Appellant herein had by an endorsement in paragraph 7 of the statement of claim dated and filed on 25/9/2003 at the Nasarawa State High Court sitting in Akwanga claimed as follows:-

“A. A declaration that the Plaintiff is the lawful owner/allottee of the parcel of land lying, being and situate at behind express Hotel, Wamba Road, Akwanga measuring about 0.010 hects, and that he is entitled to the grant of a statutory Right of Occupancy over the land.

B. A declaration that the purported allocation of the aforesaid by the 2nd Defendant to the 1st Defendant is irregular, null and void and that the Certificate of Occupancy also issued to him is also null and void.

C. A perpetual injunction restraining the Defendants from trespassing on the land aforesaid.

D. The sum of One Million Naira (N1,000,000.00) only being damages for trespass.

To prove its case the Appellant called three witnesses and tendered some Exhibits -‘1’, ‘2a’ and ‘2b’, ‘3’, ‘4’ and ‘5’ respectively.

The 1st Defendant/Respondent called 3 witnesses while the 2nd Defendant/Respondent called only one witness.

At the close of the case and by consent of Counsel for both parties, written addresses were submitted and the land in dispute was visited.

At the close of address, the trial court entered Judgment for the 1st Defendant and against the Plaintiff by dismissing the suit and refusing all the reliefs claimed. (See the Judgment at pages 70-99 of the Record of Appeal.

Dissatisfied with the said Judgment, the Plaintiff has now instituted this appeal wherefore by his Notice of Appeal filed on 16/05/06 and contained at pages 100 to 106 of the Record 9 (nine) Grounds of Appeal have been set out.

After the transmission of the Record of Appeal on 18th August, 2006 and the fifing of the Appellant’s Brief of Argument on 20/12/06 the 1st Respondent by way of Motion on Notice dated 25th May, 2011 and brought pursuant to Order of Rules (1) and 10(1) of the Court of Appeal Rules 2007 (the applicable) and filed on 2/6/11 was granted leave to file the 1st Respondent’s Brief of Argument out of time. The said application was granted same dated and 1st Respondent’s Brief of Argument was deemed filed and served on the said 23/6/11.

On his part, the 2nd Respondent by Motion dated and filed on 1/6/11 was also granted leave to file his Brief of Argument out of time. The said Brief was accordingly deemed filed on 2/6/11.

At the hearing of the appeal on the 4th of March 2013, the learned Counsel for the respective parties each adopted the Brief of Argument filed on behalf of his client as his arguments in support or against the appeal as the case may be. While the Appellant’s learned Counsel, O. B. James who settled the Appellant’s Brief of Argument urged that the appeal be allowed in its entirety and the Judgment of the trial court set aside and in its place Judgment be entered for the appellant as per his Writ of Summons and Statement of Claim referred to earlier in this Judgment; the 1st and 2nd Respondents each, urged for the affirmation of the Judgment of the trial court and the consequential dismissal of this appeal.