Kasimu Mahmud Kofare & Ors v. Khadija Khadija M. C. Tahir & Ors

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of High Court of Adamawa State sitting in Yola in Suit No. ADSY/97/2019 delivered on 25/11/2020 by A. A. Waziri, J. (now JCA) wherein the trial Court dismissed the suit of the appellants suing as plaintiffs against the Respondents sued as defendants/counter-claimants and granted the reliefs in the counter-claim being a declaration of title over a disputed piece of land, and kindred reliefs.

The notice of appeal was filed on 30/11/20 containing 3 grounds but later substituted with an amended notice of appeal filed on 16/03/21, but deemed properly filed on 3/2/22 containing 5 grounds of complaint against the decision of the trial court.

The record of appeal was transmitted on 9/12/20, paving the way for the filing of the appellants brief of argument on 14/11/23, but deemed properly filed on 22/2/24 and the appellants reply brief on 23/10/24 but deemed properly filed on 24/10/24.

These were settled by E. Elijah, Esq. The respondents brief of argument was filed on 29/4/2024 but deemed as properly filed on 29/04/24. This brief was settled by Hassan G. Maidawa, Esq.

On 24/10/24 when the appeal came up for hearing, the respective counsel adopted their briefs of argument, adumbrated on same and the matter then adjourned for judgment.

Factual Background

The dispute is over is a piece of land in Kofare Industrial Layout located Opposite Zone 3 Police Command Office, Kofare Jimeta Yola, Adamawa State. The appellants’ claim the entire land to measure over 4 hectares and as plaintiffs had sued the respondents as defendants at the lower court for the ownership of the said land.

They base their claim through traditional evidence that the land was founded by their grandfather Alhaji Hamman Jidda Kofare, their progenitor and thereafter devolved to successive or intervening owners up to the appellants father and now the appellants themselves.

The land was compulsorily acquired and made a layout by the then Gongola State (now Adamawa State) Government without payment of compensation.

The respondents counter-claimed and asserted ownership of the land relying on the root of title as a Certificate of Occupancy over Plot No. GS/160 Registered at No. 504, an area consisting of 5741.35 Square Meters.

At trial, the appellants testified for themselves as PW1 and PW2 respectively and tendered 28 documents which were all admitted and marked exhibits A, B1-B23, C, D1 – D2.

The 1st respondent testified for the respondents only as DW1, with 11 documents tendered which were all admitted and marked exhibits E1 – E4, F1- F5 and G respectively.

At conclusion, the learned trial Judge upon consideration of the evidence and submissions of counsel dismissed the claim of the Appellants, and granted the reliefs sought in the counterclaim.