Alhaji Salisu Alarama Rimin Gado V. Alhaji Rabiu Iliyasu (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Kano State High Court in Suit No K/275/1998 delivered by Honorable Justice M. A. Haliru on the 24th of July 2003. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, by a writ of summons dated the 13th of May, 1998 and his claims were for:

i. A declaration that the Plaintiffs tide to the house of Rimin Gado at R/Gado Local Government is valid and subsisting.

ii. A declaration that the purported sale of the Plaintiffs house to the Defendant is illegal, null, void and of no effect.

iii. An order of perpetual injunction restraining the Defendant whether by themselves, their servants, agents, privies or whatsoever from trespassing or interfering with the Plaintiffs title and exclusive possession of the said house.

The Appellant counterclaimed against the Respondent as follows:

i. A declaration that the Defendant has acquired tide over the house situate at Rigiyar Malamai, Bakin Kasuwa in Rimin Gado Town, Rimin Gado Local Government of Kano State by an offer conditional upon the expiration of a stated time, the consideration having been initially agreed upon.

ii. A declaration that the Plaintiff’s title to the said house has in fact been terminated by the acceptance of the said offer by the Defendant.

iii. A declaration that the relationship between the Plaintiff and the Defendant is that of sale and not pledge.

iv. A declaration that the sale between the Plaintiff and Defendant is valid and subsisting.

v. A declaration that the collection of rent by the Defendant is valid, legal and effective, the Defendant having bought the house from the Plaintiff.

vi. An order of perpetual injunction restraining the Plaintiff whether by himself, servants, agent, privies whatsoever from trespassing or interfering with the Defendant’s title to the said house.

vii. An order compelling the Plaintiff to collect the balance of N85,000.00 from the Defendant as full and final settlement of this agreed consideration for the house.

viii. General damages.