Haruna Shettima & Ors V. Mrs Hajaratu Shettima (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment)

The appellants and the respondent lay claim to certain property situate at Nos. 1 and 2 Gambole Road, Old GRA, Maiduguri, Borno State. The respondent instituted this action in the High Court of Justice, Maiduguri, Borno State on 20th February, 2009. Paragraphs 4-16 of the Statement of Claim pleaded the following facts:

“4. The plaintiff avers that on 2nd September, 1974 a Certificate of Occupancy was granted to her husband, Alhaji Yunusa Shettima entitled NE/1962 and registered as No.14 at page 14 in Volume 4 (Certificates of Occupancy) at the Lands Registry, Maiduguri. The plaintiff shall at the trial rely on the said Certificate of Occupancy and file No.NE/1962.

5. On or about 24th July, 1991 the said Alhaji Yunusa Shettima (now deceased) assigned his right, title and interest over the said property covered by Certificate of Occupancy No.NE/1962 lying and situate at Nos.1 and 2, Gambole Road, Old GRA, Maiduguri to the plaintiff for a consideration of N40,000.00. The plaintiff shall at the trial found on the Deed of Assignment registered as No.578 at page 578 in

Vol.10 (MISC) at the Lands Registry, Maiduguri on 25th July, 1991.

5a. Pursuant to said assignment, the assignor handed over the Certificate of Occupancy over the said property to the plaintiff.?

6. The said landed property assigned above, contained 2 main houses with other tenement buildings lying and situate at Nos. 1 and 2 Gambole Road, Old GRA, Maiduguri as shown and described in the Deed of Assignment.?
7. The plaintiff during the life time of her husband (the Assignor) pursuant to the aforesaid assignment exercised various acts of ownership and enjoyment of the property including financing the repairs of the said property; mortgaging the said property to secure a loan from the Nigeria Agricultural and Co-operative Bank Ltd. on 30th October, 1993. Plaintiff shall at the trial found on these and sundry relevant documents.
8. The plaintiff avers that on 24th April, 2004 her husband (the Assignor) of the aforesaid property died and all his landed properties in Maiduguri were shared by the Sharia Court in Maiduguri.?
9. Sometimes in May, 2004 the defendants jointly and severally by themselves or others representing them

started laying claims to the joint ownership of the said property assigned to the plaintiff since 1991 claiming that it was not the property of the plaintiff.

10. The plaintiff avers that she has been living on part of the property in dispute unencumbered.
11. The plaintiff avers that part of the property in dispute was rented over to tenants and since May, 2004 till date the defendants by themselves and/or their agents are now collecting the rents to the detriment of the plaintiff.
12. All efforts to restrain the defendants by themselves or their agents from collecting the rents and to allow the plaintiff who is the lawful owner of the said property to collect same has proved abortive.
13. Between May, 2004 and 31st December, 2008 the defendants by themselves and their agents have collected rents over N8,499,000.00 and thus depriving the plaintiff of the same rents.

Particulars of Rents (special Damage)

(A) Monthly Rents

(i) Monthly rent from Block ?A? N20,000 x 12mths x 4yrs 7months (May, 2004 ? December, 2008).

(ii) Monthly rent from Block ?B? N10,000 x 12mths. x 4yrs. 7months.<br< p=””

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(iii) Monthly rent from Block ?C? N15,000 x 12mths x 4yrs. 7months.

(iv) Monthly rent from Block ?D? N31,500 x 12mths x 4yrs. 7months.

(v) Monthly rent from Block ?E? N12,600 x 12mths x 4yrs. 7months.