Engnr. P. J. I. Azagba V. Nigerian College Of Aviation Technology, Zaria & Anor. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the leading Judgment)

This is an Appeal against the decision of the High Court of Justice Kaduna State sitting in Zaria delivered on 30th day of October 2008 by B. F. Isah J.

Dissatisfied with the decision, the Appellant who was the Plaintiff at the trial court appealed to this court.

The facts giving rise to this appeal are that the plaintiff (Appellant herein) instituted a suit vide a writ of summons, dated 26th day of March 2007 against the Defendants (Respondents herein) claiming some declarative reliefs and injunctive Order over the piece of land measuring 0.097 Hectares covered by State Certificate of Occupancy number KD.5251, lying and situate along Grace Lands Road at Ungwar Yusi, Hanwa extension, Zaria.

The writ was subsequently followed by an application for interlocutory injunction to restrain the Defendants (Respondents herein) from taking any step(s) that would affect the Plaintiff’s right of ownership in the land.

The Defendant (Respondent herein) entered a conditional appearance vide a motion dated 25th April, 2007.

On the 7th June, 2007, the Defendant (Respondent herein) vide an application dated 31st May 2007 raised Preliminary Objection challenging the jurisdiction of the trial High Court on the grounds that the 1st Defendant (1st Respondent herein) is a Federal Government Agency, and in view of the injunctive relief being sought against the Defendants (Respondents herein).

The Plaintiff (Appellant herein) opposed the Preliminary Objection, the substance of which is that the trial Court has exclusive original jurisdiction over the Plaintiff’s (Appellant herein) claim being a land matter. The Defendants (Respondents herein) urged the lower Court to strike out the Plaintiff’s (Appellant’s herein) suit for want of jurisdiction.

After considering the arguments of both counsel on the issue of jurisdiction the lower Court in its ruling delivered on 30th October, 2008,the court declined jurisdiction to entertain the Plaintiff’s (Appellant herein) suit, and struck out same.

Dissatisfied with the ruling, the Appellant appealed to this Court by filing a lone ground of appeal dated and filed on 10th day of November, 2008. The parties in accordance with the relevant rules of this Court duly filed and exchanged briefs and at the hearing of this appeal, the parties adopted and relied on the arguments and submission contained in their respective brief of arguments. The Appellants brief of argument dated 24th May, 2010 and filed the same date was settled by K. A. Adedokun Esq. The Appellant’s counsel distilled a lone issue from the lone ground of appeals reads thus:

“Whether the learned trial judge rightly declined jurisdiction to entertain the Plaintiff’s suit for declaration of title to land on a singular reason that the first Defendant is an Agency of the Federal Government”

The Respondents’ brief of argument dated 22nd day of June 2010 and filed on 23rd June 2010 was settled by Kodi Azunoye contained a lone issue formulated for the determination of this appeal and reads as follows:

“Whether or not the lower court was right to decline jurisdiction to entertain the Appellant’s suit for, inter alia, declaration of title to the land in dispute on the ground that same was land held in title by the Federal government through its agent the first Defendant and, as such, outside the operation and effect of the Land Use Act”.

The issue as formulated by the Appellant is adopted for the determination of this appeal.