Ishaku Danjuma V. Ibrahim Terengi (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgement)

This appeal emanates from the judgment of the Adamawa State High Court, Mubi, delivered on the 9th February, 2009. The respondent as plaintiff, had filed an action against the appellant as defendant, praying at paragraph 12 of the statement of claim for

(i) A declaration that the plaintiff is the rightful owner and or entitled to the piece of Sand measuring 70 feet by 75 feet located at Arhan-Kana or Gima ward, Mubi, Mubi South Local Government Area of Adamawa State having purchased same under customary sale since 18th April 1972 from one Tizhe Kuvange the original lawful owner and or occupier.

(ii) A declaration that the Defendant is not entitled to the ownership and or possession of the said piece of land, having not purchased same from the rightful owner and or occupier.

(iii) A declaration that any purported sale of land to the Defendant by any person not being the rightful owner, occupier or user thereof is null and void and of no effect whatsoever.

(iv) N900,000.00k (Nine Hundred Thousand Naira) general damages from the Defendant for trespass committed on the said land.

(v) A perpetual injunction restraining the Defendant, his privies, assigns, servants, and or agents from further acts of trespass upon the said land.

(vi) Cost of this action.

As the defendant was contesting the Suit, pleadings were ordered and exchanged. The matter went to trial. Five witnesses testified on behalf of the plaintiff/respondent and two for the defendant/appellant.

The case of the respondent was that he bought the land in dispute from Tizhe Kurange the original founder, witnessed by a sale agreement, Exhibit A. He entered upon the land, marked its boundaries and allowed people to farm it for about twenty years. The defendant/appellant then trespassed upon the land, destroyed the cement blocks marking the boundaries of the land and dug a foundation pit.

For the defendant, his case is that the land does not belong to the respondent, but to one Maliki Yallwho was the one who put him – in possession. He also alleged that it was this Yalla who dug the foundation pit, not him.

At the end of the trial, the court granted all the claims of the respondent. Hence this appeal.

The appellant filed a Notice of Appeal with 5 grounds. The appellant’s brief was filed on the 7th of August, 2009 within time. The respondent filed his brief of argument on the 17th of September, 2009 also within time. The appellant filed a Reply brief on the 21/10/2009, but deemed filed on the 26th of April, 2010.

In the appellant’s brief, three issues were identified for determination to be –