Aliyu Maigari v. Hassanu Mu’azu Raji (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of High Court of Adamawa State sitting in Yola in suit no. ADSY/29/2020 delivered on 16/03/2023 by Helen N. Hammanjoda, J. wherein the trial court granted the respondent suing as plaintiff his reliefs being a declaration of title and ancillary reliefs over a disputed piece of land against the appellant who was sued as defendant.

The notice of appeal was filed on 06/04/23 containing 6 grounds of appeal against the decision of the trial court.

The record of appeal was transmitted on 25/5/23, paving the way for the filing of the appellant’s brief of argument on 5/10/23, but deemed properly filed on 12/3/24.

This was settled by R. M. Agav, Esq., the respondents’ brief of argument was filed on 2/4/2024 but deemed as properly filed on 28/10/24. This brief was settled by Hassan G. Maidawa, Esq.

On 28/10/24 when the appeal came up for hearing, the respective counsel adopted their briefs of argument, adumbrated on same, with the appellant’s counsel urging the court to allow the appeal and set aside the judgment of the trial court, and the respondent’s counsel urging otherwise that the appeal be dismissed. The appeal was then reserved for judgment.

Factual background

The appeal revolves around a dispute over a piece of land in Yola metropolis. By a writ of summons filed on 21/02/20 at the High Court of Justice of Adamawa State, Yola Division, the respondent as plaintiff claimed against the appellant the following reliefs:

i. A declaration that the plaintiff is entitled to the land in dispute described as that piece of land covered by Certificate of Occupancy No.GS/3169 with Ref. No. GS/MLS/LAN/4769 consisting of an Area of about 3066.38 sqm. lying being and situate at part of MISC9 Low Density Residential Layout Dougirei, Jimeta Yola, Gongola State. (Now Adamawa State),

ii. A declaration that the Plaintiff is the legal owner of the piece of land and entitled to the exclusive possession, use and occupation of the land in dispute described as that piece of land covered by Certificate of Occupancy No. GS/3159 with Ref. No. GS/MLS/LAN/4769 consisting of an Area of about 3066.38 sqm lying being and situate at part of MISC9 Low Density Residential Layout Dougirei, Jimeta Yola, Gongola. State (Now Adamawa State) by virtue of Deeds of assignment between the original holder Alhaji Abdullahi A. Jalo and M. B. Usman, and between M. B. Usman and Hassana Muazu Raji. (The plaintiff).

iii. N10 million damages for trespass by the defendant on the Plaintiff’s land described as that piece of land covered by Certificate of Occupancy No. GS/3169 with Ref. No. GS/MLS/LAN/4769 consisting of an Area of about 3066.38 sqm lying being and situate at part of MISC9 Low Density Residential Layout Dougirei, Jimeta Yola Gongola State. (Adamawa State).

iv. An order of perpetual injunction to restrain the defendant by himself or through any person acquiring title under him or his servants, agents, privies, assigns, personal re-presentatives or howsoever called from trespassing upon or further trespassing on the plaintiff’s land described as that piece of land covered by Certificate of Occupancy No. GS/3169 with Ref. No. GS/MLS/LAN/14760 consisting of an area of about 3066.38 sqm lying being and situate at part of MISC9 Low Density Residential Layout Dougirei, Jimeta Yola Gongola State. (Now Adamawa State).

v. Further or better Reliefs.

vi. The cost of this action.