Alhaji Umaru Malittafi V. Salisu Dahiru Modomawa & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, JCA (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant against the decision of High Court of Zamfara State Gusau delivered on 10/2/2014 in Suit No ZMS/GS/SS/2/204.

2 By Paragraph 26 of their further amended statement of claim, the plaintiff claimed as follows: ?Where the plaintiffs pray:-

a) An order of this Court declaring the plaintiff as the rightful owner of the land.

b) An order setting aside the revocation order, and declaring same as unconstitutional.

c) An order ejecting the defendant from the land.

d) An order directing the defendants to evacuate all blocks, bricks, sand, (sic) gravels deposited and or any (sic) braiding on the aforesaid land and their vehicles displayed for sale on the said land.

e) An order of perpetual injunction retraining the defendants from further act of trespass on the aforesaid land.?

The plaintiff?s claim was in respect of that parcel of land lying and being at opposite Juma?at Mosque at Block 1 flat 1 & 2 Zaria Road Gusau Zamfara State.

?Parties

1

filed and exchanged pleadings, after hearing the parties, the learned trial Judge gave judgment dismissing the plaintiff?s claim in the following terms:

?On the whole, this case lacks merit, the plaintiff is not the entitled to any of the reliefs claimed and is accordingly dismissed. A cost of twenty thousand Naira only (N20,000) is hereby awarded against the plaintiff in favour of the Defendant. ”

Miffed by the decision of the lower Court, the appellant filed a notice of appeal challenging the decision on 5 grounds. The 5 grounds of appeal (shorn of the particulars) read as follows