Lawan Abdullahi Buba Wassah & Ors V. Tukshahe Kara & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The plaintiffs in the trial High Court were Bulama Buba Dangwa (deceased), Alhaji Adamu Nido (deceased) and Tukshehe Kara, while the defendants were Lawan Buba Wasa (deceased) Gwoza Traditional Council and Gwoza Local Government Council. The plaintiff’s sued for themselves and on behalf of the Ville Clan while Lawan Buba Wasa defended the action for himself and representing the people of Kurana Bassa. Substitutions were made an appeal to replace deceased litigants.

By Writ of Summons, accompanied by a 21 paragraph statement of claim the respondents, as plaintiffs prayed for the following:

(a) A declaration that going by the Gwoza Resettlement Scheme, Kurana Bassa and the 1st Defendant have been resettled of Kwatara Area, along Gwoza – Mubi Road.

(b) A declaration that by deliberately Changing the name of the Ville Primary School and Health Centre to Kurana Bassa Primary School and Health Centre respectively is illegal null and void and is capable of causing breakdown of law and order and should be changed to their former name bearing Ville.

(c) A declaration that the continuous presence of the 1st Defendant and his subjects in the present abode which is within Ville as illegal and should therefore vacate Ville immediately to Kwatara for peace to reign.

(d) An order on the 2nd and 3rd Defendants to enforce letter dated 30th January, 1986 and 1st January, 1987 respectively.

(e) An injunction restraining the 1st Defendant and his subjects from further interfering directly or indirectly with the activities of the plaintiffs.

(f) An injunction restraining the 2nd and 3rd Defendants from further recognizing dealing with and addressing the primary School and Health Centre of Ville as those situated at Kurana Bassa.

Six witnesses gave evidence for the plaintiffs, while two witnesses gave evidence for the defendants. Five documents were admitted in evidence as exhibits.

Dismissing the plaintiffs’ case the learned trial judge said:

“……..I am satisfied from the evidence adduced before me and the documents tendered that none of the reliefs has been proved against defendant and his subjects. I also hold that none of the reliefs has been proved against the 2nd and 3rd defendants respectively.

This judgment was upset by the Court of Appeal (Jos Division). The Court of Appeal said:

“……..I resolve the supra issues in favour of the appellants, and so all the grounds of appeal to which the issue is married succeed. The end result is that the appeal succeeds in its entirety. I therefore allow the appeal and set aside the decision of the lower court. Judgment is hereby given to the plaintiffs as per their Statement of claim….”