Barde Egwa V. Moses Ciroma Egwa (2006)

LawGlobal-Hub Lead Judgment Report

RHODES-VIVOUR, J.C.A.

In the High Court of Minna, Niger State of Nigeria the Plaintiff who is now the respondent instituted an action against the appellants who therein were the defendants claiming as follows:

(a) Declaration that the plaintiff is the rightful owner of the piece or parcel of land situate and lying at Egwa in Shiroro Local Government Area of Niger State.

(b)A perpetual injunction restraining the defendant, his servants, agents, assigns, privies from trespassing on the disputed land situate and lying at Egwa.

(c) Declaration that the defendant trespassed on the disputed land belonging to the plaintiff.

(d) N20,000 general damages against the defendant for trespass on the disputed land.

Pleadings were ordered in the Suit and were duly settled, filed and exchanged.

Learned counsel for the defendant raised a preliminary objection to the Jurisdiction of the High Court Minna trying the case on the ground that the land, the subject matter of the Suit was not classified as urban land, and so the High Court had no original Jurisdiction to entertain the case.

In a considered Ruling delivered on 9/6/93, A. I. Evuti J. dismissed the preliminary objection holding that by virtue of Sections 6 and 236 of the 1979 Constitution the High Court Minna has Jurisdiction to entertain the case.

Sadly the learned Judge died and the case was transferred to the Court of the Honourable Justice M.S. Zukogi for trial de novo.

M.S. Zukogi J. heard the application all over again and in a considered Ruling delivered on 28/10/97 held that the State High Court had Jurisdiction to entertain the case.

The case accordingly proceeded to trial at the close of pleadings, and the parties testified on their own behalf, called witnesses and tendered exhibits.

The plaintiff’s case as pleaded and testified to is that the boundaries of the disputed land are rivers Gyegegyege on the east, river Shaku on the southwest, on the north by Moses Ciroma farmland, the West by Moses Ciroma farmland and on the south by Barde Egwa farmland. The plaintiff was given the land by his father, Ciroma, who inherited it from his father, Wbayi and Wbayi inherited it from his father Gbeyi. It was the plaintiff’s case that he is the owner of the land in dispute by inheritance from his ancestors.

Sometime in 1984 the defendant unlawfully occupied and cultivated the land without the notice or authority of the plaintiff.