Ali Safe Vs Northern States Marketing Board (1972) LLJR-SC

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C

In Suit No. K/46/1970 in the Kano High Court, the plaintiff’s amended writ of summons filed by leave of the court read:-

“The plaintiff’s claim against the defendant is for a declaration of title to the house situated and known as Plot 59A, Fagge, Waje Area, Kano.”

On the 14th of October, 1970, Wheeler, J., dismissed his claim with 76 guineas costs and against that decision he has appealed to this court.

The plaintiff’s case as pleaded in paragraphs 3 to 10 of his Statement of Claim reads:

“3. On or about 8th of March, 1969, the plaintiff saw a number of posters at public places with the following inscriptions:-

Public Notice

“By order of the Northern States Marketing Board, the Mortgagee and on the instruction of Messrs. F.A. Thanni & Co., Solicitors to the Board reference NO.K/79/68 dated 19th February, 1969, AND IN THE EXERCISE OF THE BOARD’S STATUTORY POWER OF SALE, I shall sell the following Plots Nos. 28A, 32A, 33A 58A, and 59A. All built and situated at Fagge Waje Area, kano………….JOHNSON & FALODE……..

Licenced Auctioneers No. 1577.”

4.One of the said Posters is hereby pleaded and will be tendered in evidence.

5. On the 18th March, 1969, the plaintiff went to Fagge, Kano. Where the said houses were auctioned and bought plot 59A for the sum of 510pounds being the highest bidder at the fall of the auctioneer’s hammer. There was no reserve price on the said public auction sale for the said plot 59A.
6. The Auctioneers – Johnson & Falode (Licenced Auctioneers – No. 1577) issued the plaintiff with a receipt No. 123.The said receipt No. 123 is hereby pleaded and will be tendered in evidence.
7. After the said Public Auction Sale, the plaintiff saw in the “New Nigeria Newspaper” of 23rd June, 1969 that the Defendant was inviting offers for the sale of the said house – plot 59A, again. As a result the plaintiff instructed a solicitor to write and remind the Defendant of the earlier sale to him of the said house by the Defendant’s agent – Messrs. Johnson & Falode on the 18th of March, 1969, and that the plaintiff was waiting for the transfer of the title of the said house to him. A copy of the said letter was sent to the then Solicitor to the Defendant, Messrs. F.A. Thanni & Co., Kaduna.
8. The said letter is hereby pleaded and will be tendered in evidence. The defendant did not proceed to sell the house as was advertised.
9. On or about 16th day of May, 1979, the plaintiff saw another advertisement in two issues of “New Nigeria’ that the defendant intended to resell the said house plot 59A by Public Auction on the 18th May, 1970, later changed to 19th May, 1970.

10.The plaintiff therefore claims from the defendant a Declaration of Title to the House situated and known as 59A. Fagge, Waje Area, Kano, sold on a public auction by the defendant/authorised agents to the plaintiff AND a Perpetual Injunction restraining the Defendant, its servants and or agents or otherwise from dealing with the said house in any manner inconsistent with the plaintiff’s right.”

and paragraphs 2 to 8 of the Statement of Defence read:-

“2.The defendants having no knowledge of the allegations contained in paragraph 3 put the plaintiff to strict proof thereof. The Defendants aver that Lawyer Thanni was not authorised to authorise the Auctioneers to sell the said Plot and that the Auctioneers should both be acceptable and authorised by the Northern States Marketing Board which they were not.

3.The Defendants put the Plaintiff to strict proof of paragraph 5 and the Defendants deny same.