Lawal Dikko & Ors V. Yahaya Abdul & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the decision of Kaduna State High Court sitting at Zaria in suit No.KDH/Z/174/2004 delivered on 25th June, 2008 by M. L. Bello J., wherein the plaintiffs’ (now Appellants) case was dismissed.

At the Lower Court the Appellants as plaintiffs claimed against the Respondents as defendants, as follows:

“(a) A declaration of title that the farmland and farm lying and situate at Kundu village along Birnin Gwari Road, Karatt, Karau District of Giwa Local Government of Kaduna State belong to the plaintiffs.

(b) A declaration that defendants trespassed into the plaintiffs land and destroyed plaintiffs farm on the 20/06/2004.

(c) Perpetual injunction restraining the defendants by themselves, their servants, agents, privies, representatives and whosoever claiming through them from trespassing, entering into and tampering the plaintiffs land, cultivating the land or to do any other thing whatsoever and in any manner on the plaintiffs land lying and situate at Kundu village along Birnin Gwari Road, Karau, Karau District of Giwa Local Government of Kaduna State.

(d) Claims damages against the defendants severally and jointly for the destruction of plaintiffs farms on 20/06/2004 as follows:-

(i) N180,000 being cost of 60 bags of fertilizer applied on the farm at N3,000 per bag.

(ii) N100,000 being cost of labour

(iii) N12,000 cost of seeds planted

(iv) Loss of earning for both corn, beans and Okro at N1,311,000 i.e 205 bags of corn at N3000 = N615,000, 17 bags of beans at N8,000 per bag = N136,000, 1400 baskets of Okro at N400 per basket = N560,000

(v) N350,000 as general damages for hardship because of the means of plaintiffs livelihood has been destroyed.

(vi) The cost of filing the suit.”

In denial of the plaintiffs’ (hereinafter supply referred to as the Appellant) claim, the Respondents (then the defendants), filed a 20 paragraphed statement of defence.