Idris Garba V. Babangida Lawal (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Justice, Katsina State delivered by Sanusi Tukur J on the 7th day of November 2008.

The facts that gave rise to this appeal are that the respondent procured a property situate at Dorawa Street, Sabon Unguwar Katsina State from the appellant pursuant to a sale agreement dated 28/9/2003, and the appellant donated a power of attorney in favour of the respondent over the said property.

Notwithstanding the subsistence of the said sale agreement, the appellant who was still occupying the property in (sic) pleaded with the respondent to allow him to stay in the said property for a period of 3 months.

As the 3 months was fast approaching, the appellant filed an action before the High Court of Justice, Katsina State in Suit No. KT/25/2003 seeking to invalidate the sale agreement he had entered with the appellant. The said suit was eventually struck out by the learned trial judge.

The appellant then filed another suit No. KT/17M/2004 before the High Court of Justice, Katsina State seeking for an order for the enforcement of his fundamental right on the ground that the purported sale agreement that was entered with the respondent had infringed upon his fundamental right. The said suit was equally dismissed.

The respondent in his bid to compel the appellant to deliver possession over the property to him filed an action before the High Court of Justice, Katsina State.

At the conclusion of the matter, the learned trial judge entered judgment in favour of the respondent. In delivery the judgment the learned trial judge said inter alia:-

“I therefore have no option but enter judgment for the plaintiff as per paragraph 10(a) of his statement of claim and further order the defendant to vacate the premises in dispute and deliver up possession of same to the plaintiff within 1 (one) week from date of JUDGMENT or be ejected out by police.

As to paragraph 10(b) of the claim, I make no Order since Evidence has not be led”.

The appellant aggrieved by the said decision appealed to this Court via a notice of appeal dated 11/11/2008 and filed on 18/5/2009 containing 5 grounds of appeal.

The appellant filed 5 additional grounds of appeal.

Briefs of argument were in accordance with the relevant rules of this Court duly filed and exchanged and at the hearing of the appeal the parties duly adopted and relied on their respective briefs of argument and reply.

The appellant’s amended brief of argument dated and filed on 26/11/2011 was settled by I.B. Odigie.