Jauro Ahmadu Ali & Anor V. Ahmadu Adamu Dandogari (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of HIGH COURT OF JUSTICE GOMBE – MAOGOMYA – J delivered on 30th day of June, 2008. The facts of this case are straight forward. The Respondent as Plaintiff at the court below approached the High Court vide Originating summons dated 7th day of January, 2008 and filed on 10th day of January, 2008 seeking for determination of the following questions viz:-

“1. Whether by the judgment of Kaltungo Area Court of 15/5/1975 between the plaintiff and 1st defendant’s father the Plaintiff is not entitled to the peaceful occupation of the land laying (sic) and situate at Latodo in Kaltungo L.G.A. presently occupied by the defendants.

2. Whether the Judgment of Kaltungo Area court between Plaintiff and 1st Defendant’s father now deceased it was not a vacation of the land.
3. Whether by the death of the 1st defendant’s father the land did not revert to the plaintiff as per the Judgment of the court not still. Still subsisting (sic).

The Respondent as Plaintiff then sought for the following reliefs:-

1. A DECLARATION that on the death of the 1st defendant’s father the land reverted to the Plaintiff being his inheritance by the Judgment of Kaltungo Area Court of 15/5/75 which is subsisting.
2. AN ORDER of court directing the 1st defendant, his privies and cohorts to vacate and deliver up the land they now occupy to Plaintiff being his inheritance.
3. A perpetual Injunction restraining the defendants privies and cohorts from further entry into the land.
4. 100,000.00 general damages.
5. Cost of the Action.

The Originating Summons was accompanied with statement of facts and Particulars supporting the application for the issuance of Originating summons against the Defendants now Appellants in this court. The Originating summons was supported by Affidavit. It has fourteen (14) paragraphs. The Appellants filed counter affidavit of five (5) paragraphs against the Originating summons on 8th day of April, 2008.

The Respondent upon being served with the counter Affidavit of the Appellant filed a further Affidavit in support of the Respondent’s Originating at the Court below. It has five (5) paragraphs.

The learned trial Judge heard arguments on the Originating Summons and gave his Ruling on the matter on 30th day of June, 2008. See pages 32-35 of the Record of Appeal. The learned trial Judge concluded his Judgment in the following manner:-

It is settled law that a decision of a court not appealed against remain valid, subsisting and binding between the parties and it is presumed acceptable to the parties.

From the foregoing, it is my humble view that the plaintiff is entitle to the land in dispute as inheritance from his father. Consequently i hereby rule in favour of the plaintiff with all the declarations and the order of reliefs sought as follows:

1. I declare that on the death of the 1st defendant’s father, the land reverted to the plaintiff being his inheritance by the judgment of Kaltungo Area Court of 15th May, 1075 which is still subsisting.
2. Having declared that the land be reverted to the plaintiff as per judgment of Kaltungo Area Court of 15/5/75 it is hereby ordered, that the 1st defendant, his privies and cohorts vacate and deliver up the possession of the land they now occupy to the plaintiff being his inheritance and
3. A perpetual injunction is hereby granted restraining the defendants privies and cohorts from further entry into the land or tempering with the land in dispute in any form.
4. I hereby order that the sum of N20,000.00 be paid to the plaintiff as general damages. This shall be the ruling of this court.

Sgd

Hon. Justice J. R. Magomya

30/6/2008

The defendants now Appellant were aggrieved by the Judgment and have appealed to this court on four grounds which are as follows:-

GROUNDS OF APPEAL