Ishaya Dogara V. Mallam Rabiu Tella & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kaduna State High Court sitting at Zaria delivered by Hon. Justice Dogara Mallam on 30th October, 2008, in Suit No. KDH/Z/94/97; wherein the learned trial Judge refused the Appellant’s reliefs 3-5 of the claim and granted the 3rd Respondent’s Counter-claim. The Appellant’s claims against the Respondents in his Amended Statement of Claim are for the following reliefs:-

“(i) A declaration that the Upper Area Court Saminaka had no jurisdiction to adjudicate on the dispute between the Plaintiff and the third Defendant.

(ii) An order setting aside and declaring void the said proceedings and orders of the Upper Area Court Saminaka,

(iii) A declaration of title to the land situate at Unguwan Bawa Saminaka and bounded on the West by Hajia Saa house, to the East by the house of Mohammed Kabiru Bazarana to the South by Mati’s house and to the North by a road.

?(iv) The sum of N2,000.00 being general damages for the Defendants joint act of trespass, vandalising and pulling down three rooms in the Plaintiff house without

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just or lawful cause carting away the blocks, zinc, windows and doors and forcefully ejecting the Plaintiff’s tenants from the said rooms without lawful authority on the 30/3/96 and 31/3/96 respectively,

(v) An order of perpetual injunction, restraining the Defendants whether by themselves, their servants, agents, provocateur, or acting through any Person whosoever in whatever manner from further trespassing into or interfering with or otherwise dealing in any manner with the Plaintiff’s proprietory interest on his property or Person.”

The Respondents on the other hand, counter-claimed against the Appellant for the following reliefs:-

“(a) A declaration that Alh. Isa Garba, the 3rd Defendant/ Counterclaimant is the bonafide owner of the property in dispute situate at Unguwan Bawa, bounded on the West by Hajia Sa’a’s house, East by the house of Mohammed Kabiru Bazarana, South by Mati’s house and north by a road.

(b) A declaration that the Plaintiff Ishaya Dogara had sold the said property to the counterclaimant hence no longer has legal interest therein.”

?The facts of the case as can be gleaned from the records were that the Appellant in

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