Emmanuel Aranda V. Hassan Kelgum (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the leading Judgment)

This appeal and cross appeal is sequel to the Judgment of the High Court of Justice of Gombe State delivered on the 21st March, 2014 in Suit No. GM/91/2010 between the Parties named herein.

The Appellant as the plaintiff suing for himself and on behalf of ARANDA FAMILY took out a writ of summons at the said High Court and claimed against the defendant, Hassan Kelgum, sued by himself and on behalf of their family, all the reliefs as per the indorsements in the Writ of Summons and the Statement of claim dated and filed on the 25th March, 2010. The defendant is now the respondent in this appeal.

Upon the Writ of Summons and statement of claim being served, the respondent filed his defence and counter claim. The appellant also sought and was granted leave to amend his Statement of claim in consequence of defence and counter claim being served on them. No effort was made by the respondent to amend his Statement of defence to bring same in line with the amended Statement of claim hence the suit was heard based on the pleadings as follows:-

1. The amended statement of

claim granted on 12/11/2013.

2. Statement of defence and counter claim deemed filed on the 2/8/2010.
3. Reply to the Statement of defence and counter claim deemed filed and on the 8/1/2011.

By the Statement of claim as amended the appellant claim all the reliefs at Paragraph 14A-D as follows:-

“The plaintiff and siblings in their claim are aggrieved with the defendants interference and lying (sic) of claim in their pieces of land and claim as follows:-

(A) A declaration of title to the pieces of land lying and situates at Kalindi and Lakarat dispute by defendants in favour of the Plaintiff.

(B) Perpetual Injunction restraining the defendant and his privies from further encroaching on the land I dispute.

(C) General damages of N500,000.00 against the defendant.

(D) Cost of this action.

The defence and counter-claim of the respondents is couched in the following terms:-

“By the foregoing developments the defendant has suffered serious damages.

WHEREFORE the defendant counter-claims against the Plaintiff as follows:-