Jacob Adamu V. George Igwesi (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A (Delivering the Leading Judgment)

This appeal is from the decision of Kaduna State High Court in suit No. KDH/KAD/198 delivered on 18th January, 2011 by T. Zailani J, wherein judgment was entered in favour of the respondent and also dismissed the appellant’s counter-claim.

At the lower court, the respondent as plaintiff claimed against the appellant (as defendant) as follows:-

“a. AN ORDER of Court declaring the plaintiff as the person entitled to the statutory right of occupancy over an un-numbered plot of land measuring 100ft by 50ft situated at Madaki close, A/Pama Sabon Tasha, Kaduna sometimes referred to as Light Avenue which plot of land is next to an un-numbered plot before No: 10 and 12 of the same close.

b. AN ORDER of perpetual injunction restraining the defendants either by themselves or through their agents, privies, assigns or whomsoever from further entering into or interfering with physical possession of a plot of land measuring 100ft by 50ft situated at Madaki Close, A/Pama, Sabon Tasha, Kaduna sometimes referred to as Light Avenue which plot of land is next to an un-numbered plot before No: 10 and 12 of the same close.

c. General damages against the defendants in the sum of N500,000.00 for the defendant’s act of trespassing into the plaintiff property and also for chasing the plaintiff out of his property thereby stopping the plaintiff from continuing his development which act caused the plaintiff damages.”

The appellant as the 1st defendant also counter-claimed as follows:

“(a) AN ORDER declaring title in respect of the land in dispute in favour of the 1st defendant.

(b) AN ORDER of perpetual injunction restraining the plaintiff, his agents, privies, assigns or whosoever from laying any further claim in respect of the land in dispute.

(c) SUCH FURTHER order or orders as the Honourable Court may deem fit to make in the circumstance.”

At the close of pleadings and conclusion of the pre-trial conference, the respondent as plaintiff called 4 witnesses and tendered 6 exhibits. The appellant as 1st defendant called 2 witnesses and tendered 4 exhibits. Second defendant before the lower court did not participate in the trial.

The case for the respondent is that the respondent a businessman, on the 9/8/2006 bought an un-numbered piece of land close to an unnumbered plot before No.10 and 12 of the same close measuring 100ft x 50ft situate at Madaki Close Anguwan Pama Sabon Tasha, sometimes also referred to as Light Avenue, Kaduna from one Josiah C. Obijiafor, now deceased. Late Obijiafor bought the land from one E.O. Ajalana (PW4) in 2003, who also bought the land from one Mrs C.O. Ogungbede the original owner, in 1982.

Before buying the land from late Obijiafor, the respondent had enquired and confirmed the status of the land from both the District Head of Sabon Tasha and the Sarkin Anguwan Pama, both of whom visited the land and confirmed same. The District Head wrote a letter, an application for issuance of Certificate of Occupancy in favour of the respondent to the Chairman of Chukun Local Government Area in Hausa language. Both the Hausa and its English translation were tendered and admitted as exhibits 4 and 5 respectively.

The deed of assignment between the respondent and Obijiafor, the Sale Agreement between Obijiafor and E.O. Ijalana and the Sale Agreement between E.O. Ijalana and Mrs C.M Ogungbade were tendered and admitted as exhibits 1, 2 and 3 respectively.