Bawa Yaro V. Habibu Maidoki (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Kaduna State, Zaria division delivered on 12th October, 2012 in the matter of Suit No. KDH/Z/14/2003 commenced by the Respondent as the plaintiff through the writ of summons filed on 3/2/2003, and the statement of claim filed therewith.

The claim of the plaintiff now respondent against the defendant as endorsed on the writ of summons and averred in paragraph 10 of the statement of claim is for the following:

(a) A declaration that the plaintiff is the owner of the land in dispute.

(b) An order of perpetual injunction restraining the defendant either by himself, agents, privies and or servants from going into the land in dispute

The facts relied upon by the plaintiff as averred in his statement of claim of 10 paragraphs are that he was residing at Gidan Kwanga village, Anchau district within the Court’s jurisdiction and was the owner of the land in dispute as well as the adjacent land having inherited same from his father, late Jarmai, and they had been in possession for over 100 years, it was further

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stated that sometimes ago he gave a part of the land in dispute on loan to one Chibi and after the death of Chibi her son Hussaini also worked on the land with the plaintiff’s permission; the plaintiff took over the land from Hussaini and gave his son Ali who worked on it for 3 years consecutively until the year 2002 when the defendant trespassed into the portion of the land in dispute particularly the place given on loan to Chibi and his son Hussaini.

The plaintiff averred also that his son Ali was intimidated by the defendant’s son and prevented from going into the land sequel to which Ali could not work on the land in the year 2002, except for other parts thereof and that the defendant has refused to vacate the portion he entered into and is now claiming ownership of same which necessitated this suit. According to the plaintiff (respondent), the disputed land is bounded in the North by Mai Anguwa Barga, East by the plaintiff, South by the plaintiff and West by the Road to Hayi.

The defendant filed a statement of Defence and sought the following by way of Counter claim.

(a) A declaration of title to the farmland in dispute lying and situate at

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Gidan Kwanga Village and bounded in the North by Mai Anguwa Barga, East by the plaintiff, South by the plaintiff and West by the Road to Hayi and the defendant’s farm.

(a) An order of perpetual injunction restraining the plaintiff either by himself, his agents, servants or privies from committing acts of trespass on the farmland in dispute;