Community Development Organization & Anor V. Ibrahim Mohammed (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment)

The Plaintiff initiated a civil proceeding against the Appellants before the Kano State High Court by an Amended Writ of Summons dated 12/10/2000 and signed as “pp Abdulhamid Kassim & Co. The Respondents’ unsigned Amended Statement of Claim before the Lower Court shown at pages 166-168 of the record but which has the name of a Law Firm, i.e. Abdulhamid Kassim & Co. typed in the column for signature, contained the following reliefs against the Appellant:

a) That the first Defendant vacate and deliver up possession of No.126 on Plan No.TP/MB/60, Hausawa, Tudun Maliki district of Kano, Kano State.

b) An order that the 1st Defendant desist from their acts of trespass on the Plaintiffs plot No. 126 on plan No.TP/MB/60 Hausawa, which was duly allocated to the Plaintiff on the 9th day of May, 1997.

c) An order for Special damages to be paid to the Plaintiff for the 1st Defendant’s act of trespass in the sum of N500,000.00 (Five Hundred Thousand Naira) viz:

i. Using without authority and payment of rent for the period of over Ten (10) Years that the Plot has been in the possession of the 1st Defendant.

ii. Construction and or defacing of the Plot.

d) An order of perpetual injunction restraining the Defendants by themselves, Agents, Privies, Assigns, or any personal whatsoever named or designation from committing any or continuing any act or acts of trespass on the Plaintiffs plot in dispute.

e) An order setting aside the sale for transaction in respect of the subject matter which took place between the Defendants dated 1/5/1990.

The Appellants also counter-claimed in their Statement of Defence against the Respondent thus:

1. A declaration that 1st Defendant is the rightful and the legal owner of the subject matter of dispute in the suit.
2. A declaration that transaction between 1st and 2nd Defendant is valid.
3. A declaration that 2nd Defendant transferred valid and good title to the 1st Defendant in respect of the subject matter dispute.
4. A declaration that subject matter of dispute have never form part of Late Musa Jama’are estate.
5. A perpetual injunction restraining the Plaintiff or any of the heirs of Musa Jama’are from further claiming, trespassing or interference into any part of the subject matter of dispute in this suit.
6. Cost of this action.

In his testimony, P.W.1, Audu Jama’are, stated that Musa Jama’are is his brother of full blood. The subject matter, the house is situated at Gidan Zoo, Kano. He lived in the house for over 3 years with his wife. It was built by his senior brother. His neigbours were Maiunguwa by the North, Mechanic Garage by the East and Roads by South and West. It is a room and parlour mud house. He was a Motor Park agent. He moved out of the house when his brother died.

P.W.2 – Ali Adamu, a Mechanic and 52 years old. Musa Jama’are granted him license to stay on his land for his mechanic workshop by an agreement dated 13/4/94. He was around when Musa Jama’are built the house. He confirmed that P.W.1 lived in the house. He said he knows Muhammed Ibrahim and he identified Mallam Inusa that Maiunguwa lived in the place for 3 years and

P.W.3 – Muhammadu Babayo, a Mechanic. He knew that the people in Ja-oji were asked to vacate their houses and that they were re-settled at Hausawa Zoo Quarters, and as a result of that, his father built his house. He gave his brother, P.W.3’s uncle, he also got a plot and built one. After his uncle left the house and after their father’s death, he removed the iron sheets and the wood on the roof.

Later, the ward Head and one Alhassan came looking for him and told him that that plot belonged to one Musa Dansanda, and, he, P.W.3., was taken to him. The said Musa Dansada told him that that plot belonged to him and then warned him to steer clear of the land. He, also, threatened to arrest him for parking his sheets and wood. Afterwards, he instituted a case at Area Court.