Daniel Chama v. James Ganta (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

This appeal arises from the judgment of the High Court of Adamawa State (lower court) sitting in its appellate jurisdiction in suit No: HC/ADSM/69A/2021; presided over by H. Hammanjoda J., delivered on 3rd March, 2022, wherein the lower court set aside the judgment of Upper Area Court Mubi (trial court) delivered on the 13/09/2021 which granted the reliefs of the appellant in his counter-claim, the appellant having been sued as a defendant in the said suit. See pages 47 – 71 and pages 138 – 143 of the record.

The original notice of appeal was filed on 20/02/23, but amended by order of court of 10/10/24. Thus, the amended notice of appeal which was filed on 05/06/24 was deemed properly filed on 10/10/24.

This contains eleven (11) grounds of appeal. The record of appeal was transmitted on 29/12/23 but deemed properly transmitted on 24/04/24, paving the way for the filing of the appellant’s brief of argument on 05/06/24 but deemed as properly filed on 10/10/24.

The reply brief was filed on 02/07/24 but deemed as properly filed on 10/ 10/24. These briefs were settled by Mbonu Jerry Ifegwu, Esq.

The respondent’s brief of argument was filed on 21/06/24 but deemed as properly filed on 10/10/24. This brief was settled by J. Z. Wahu Esq.

When the appeal came up for hearing on 10/10/24, the respective counsel adopted their briefs of argument, adumbrated on same and the matter adjourned for judgment.

Factual background

The facts of the case leading to this appeal is that the respondent as plaintiff had substituted his deceased brother (John Ganta) who initially filed the action against the appellant at the Upper Area Court claiming title to the land at Vimtim along Bagira road in Mubi North Local Government Area of Adamawa state, based on inheritance from his father and traditional history. In the suit, the appellant had not only contested the claim of the Respondent, but had also counterclaimed and the trial Upper Area Court by its decision delivered on the 13/09/2021 held in favour of the appellant and dismissed the claim of the respondent. See pages 47 – 71 of the record of appeal.

Dissatisfied with the decision of the trial court, the respondent approached the High Court of Adamawa State (lower court) in its appellate jurisdiction via a notice of appeal filed on 15/9/2021 on three grounds. The lower court by its judgment delivered on 3rd March, 2022 allowed the appeal of the respondent, set aside the decision of the trial Upper Area Court, and instead entered judgment in favour of the respondent as per its claim in the trial Upper Area Court. See pages 138 – 143 of the record.

Appellant’s position

It is the appellant’s dissatisfaction with the above judgment that motivated it to invoke the appellate jurisdiction of this court through the appeal processes earlier identified. In the appellant’s brief which as noted was settled by Mbonu J. Ifegwu Esq., 5 issues were distilled from the grounds of appeal, namely:

1. Whether the lower court had the jurisdiction to hear and determine the appeal before it on an incorrect record having granted the appellant’s motion on notice filed on 1/11/2021 which complained about the inaccuracy of the trial court’s record? (Distilled from ground 1 of the grounds of appeal)
2. Whether the lower court sitting on appeal did not make a perverse finding against the appellant when it held that the appellant herein did not discredit the respondent that he is not an indigene of vimtim and fall by tribe when none of the parties made an issue and when the trial upper area court never made any finding or relied on such fact in its judgment? (Distilled from ground 2 of the grounds of appeal)
3. Whether the lower court was right in its judgment when despite the specific findings of the trial upper area court which were unchallenged by the respondent, it went ahead to hold that the respondent as plaintiff proved better title to the land in dispute contrary to the evidence led by the parties? (Distilled from grounds 3 and 5 of the grounds of appeal)
4. Whether when the evidence of the respondent’s witnesses before the trial court is viewed against exhibit A’, the lower court sitting on appeal was not wrong when it set aside the finding and holding of the upper area court that the evidence of the respondent’s witnesses were contradictory and unreliable? (Distilled from ground 4, 7, and 8 of the grounds of appeal)
5. Whether the lower court properly evaluated the totality of the evidence led before the trial court and exhibit A’, before reaching its decision to set aside the judgment of the upper area court on the appellant’s counter claim and give judgment to the respondent? (Distilled form the ground 6, 9, 10 and 11 of the grounds of appeal)

On his issue, one (1), learned counsel to the appellant contends that the lower court heard and determined the appeal on an incorrect and incomplete record. He referred this court to the pages 24 – 26 of the record of appeal which contains the evidence of Ahmadu Abubakar as DW2 and page 43 of the record which contains the testimony of Usman Musa as DW1. Both witnesses, he argued, did not testify before the trial court.

He further contends that the record of what transpired at the locus in quo and the sketch made by the court was not before the lower court, and yet the lower court in its appellate jurisdiction still went ahead to give judgment in favour of the respondent. He referred this court to the cases of Okochi v. Animkwoi (2004) All FWLR (Pt. 200) 1524 at 1535, Isa’ac Gavoh & Ors. v. Johnson Akwai (2019) LPELR-46441 (CA), Access Bank Plc. v. Onwuliri (2021) 25 WRN 96, Administrator- General of Rivers State & Anor. v. Daminabo & Ors. (2018) LPELR-45950 (CA), and argued that a court lacks jurisdiction to determine an appeal on an inaccurate, incorrect and incomplete record.