Kaigama Galtima & Ors v. Alhaji Madu Yawumi & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

This appeal is against the judgment of the High Court of Borno State, Coram Judice: Mussa, J., delivered on 16th July, 2021 in suit No. BOHC/MG/CV/28/2018: Mallam Kyarimi & Anor. v. Kaigama Galtimari & Ors.

The 1st respondent herein who was substituted for the original claimant at the lower court was the claimant/defendant to counter-claim at the lower court, while the 2nd respondent herein was only a defendant to the counterclaim at the lower court.

The 1st -3rd appellants were defendants at the lower court, while the 4th appellant herein was the defendant/counterclaimant at the lower court.

The 1st respondent as claimant at the lower court claimed the following reliefs against the appellants in respect of the disputed land:

Whereof the claimant claim against the defendants as follows:

A. Declaration that the claimant is the rightful owner of the hereditary land known as Ngabar lying and situate at Gajiganna Town of Magumeri Local Government Area, Borno State, the subject matter of this suit.

B. An order of perpetual injunction restraining the defendants, their servants, privies, agents, assigns, heirs or whomever described from further trespassing unto the subject matter of this suit.

C. General damages of one million naira (N1,000,000.00) to be paid jointly and severally by the defendants.

D. Costs of the suit.

(See page 12 of the records of appeal)

The 4th appellant herein, counter-claimed against the respondents for the following reliefs in respect of the disputed land:

Whereof the 4th defendant/counter claimant, claims against the defendants to the counter claim as follows:

(i) A declaration that the 4th defendant and his family members are the rightful owners of the land, the subject matter of this suit, which is, to the East is the tarred road, to the West it has a boarder [sic] with Abatcha Faris farmland and by the North there is a tree called tamsu (tsamiya) and to the South is the Government Girl Secondary School, Gajiganna, situated at Fuguri Village, Gajiganna, Magumeri Local Government Area of Borno State.