Andrew Hassan Katsala Bunu v. Aubadman Bindimo Bramwema (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellant filed this appeal against the decision of Adamawa State, High Court, in suit No. ADSY/3/2018, delivered on 7th October, 2019, by Hon. Justice, Nathan Musa, wherein the learned trial Judge dismissed the claim of the plaintiff (now appellant) and non-suited the counter-claim of the defendant.

At the trial court, the plaintiff had sought the following reliefs:

(1) A declaration that the plaintiffs are the lawful owners of the vast land situate and lying at Kwadongo, described as from North/North West neighboring the land of one Bitrus, from the West (direct) Ismaila Kaigama, Amos and from the South with Amos and towards the East is a river.

(2) A declaration that the purported declaration of part of the land to the defendant by the district head of Suktu Aliyu Dakinto is illegal, null and void and constitute an act of trespass.

(3) An order of court, directing the defendant to pay the sum of N1,000,000.00 (One million naira only) as damages for trespass to the plaintiff’s land.

(4) An order of perpetual injunction restraining the defendant by himself, family members or any person, from interfering with the land of the plaintiff.

(5) And any better order(s) the court may make in the circumstance. (See pages 7 – 8 of the records)

On being served with the processes by the plaintiff, the defendant (now respondent) filed a defence and a counter-claim, seeking the following reliefs:

(1) A declaration that the defendants are the lawful owners of all that vast land situate and lying at Kwadongo, described from North neighbouring the farmland of Afiniki Gadonsa, from West neighbouring land of Bamaiyi Yunana and from South neighbouring, Joseph Buba and by Easten side is neighbouring river.

(2) A declaration that the confirmation of title to the land in dispute in the defendant by the District Head of Suketu, Alhaji Aliyu Dakinto is proper and lawful.

(3) An order of payment of N1,500,000 being general damages for psychological trauma the defendant has suffered as a result of this suit. (See page 24 of the records)

(4) An order of this honourable court for the plaintiff to pay the cost of this counter-claim.

After hearing the case and considering the evidence and addresses of counsel, the trial court dismissed the claims of the plaintiff (Appellant herein) and said: