Barrister M. A. Lawan & Ors V. The Incorporated Trustees Of Yanbaheed Association (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Kano State High Court in Suit No. K/280/2010, delivered on 5/6/13 by Lawan Wada Maumoud J. by an amended writ of summons, the Respondents (as Plaintiff at the trial court) claimed against the Defendants (now Appellants) as follows:

(1) A declaration that the parcel of land lying and situate at Fagge Local Government, Kano State covered by Certificate of Occupancy

NO.LKN/CON/COM/2003/005, solely belongs to the Plaintiff.

(2) A declaration that the act of the 1st Respondent handing over the title documents of the parcel of land lying, being and situate at Fegge Local Government, Kano covered by Certificate of Occupancy NO:LKN/CON/COM/2003/005 to any person(s) or body or bodies, association other than the bonafide leadership of the plaintiff is illegal, and null and void and of no effect whatsoever.

(3) An order of this Honourable Court directing the Defendants to hand over parcel of land and all the title documents in respect of the parcel of land lying, being and situate at Fagge Local Government Kano, covered by Certificate of Occupancy NO.LKN/CON/COM/2003/005 to the bonafide leadership of the Plaintiff

(4) An order of this Honourable Court reaffirming and authenticating the Leadership, of Shehu Ya’u and the remaining members of the executive as bonafide Leadership of the Plaintiff

(5) A declaration that, the Plaintiff is an association solely of driver (sic) and no any other profession, person(s) or body or bodies.

(6) An order of his (sic) Honorable Court restraining the 5th Defendant from parading himself, dealing, answering or doing anything in whatever manner that will signify him as the Chairman of the executive or Chairman of Elders of the Plaintiff

(7) An order of perpetual injunction restraining the Defendant (sic) either by themselves or through their agents, servants, privies and assigns whomsoever and whatsoever known, called and/or described from building on the parcel of land, alienating, leasing, mortgaging, or dealing with the parcel (sic) land lying, being and situate of (sic) Fagge Local Government, Kano covered by Certificate of Occupancy NO.LKN/CON/COM/2003/005 in whatsoever manner prejudicial to the interest of the Plaintiff.

(8) The Cost of filling (sic) and prosecution of this action as well as legal cost.”

Upon being served with the Amended Writ and the Statement of claim and all the accompaniments, Appellants filed Memorandum of Conditional appearance and a notice of preliminary objection, challenging the jurisdiction of the trial court to entertain the suit, on the ground that the purported Plaintiff was not a juristic person.

The motion (preliminary objection) was heard and the trial court dismissed it, holding that the none filing of the statement of defence did not help matters as it put the court in a shadow of doubt, and that since the current trend in court was to ensure substantial Justice was done, as against technical Justice, it was safe to believe the counter affidavit that Plaintiff was a registered association under the Companies and Allied Matters Act Cap 20 LFN 2004 and as such had power to sue and be sued.

That was on 5/6/2013. (See page 38 of the Record). And that is the Ruling Appellants appealed against in this appeal, as per Notice of Appeal filed on 10/6/2013, disclosing five (5) grounds of appeal. See pages 121 to 124 of the Records.