Limaza & Ors. v. Muhammad & Anor. (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment): This appeal emanated from the judgment of Kano State High Court in suit No. K/124/2014, delivered on 19th February, 2019 by Hon. Justice Aisha Yau, wherein the trial court only restrained the appellants from further trespassing into the plots No. 74, 75, 76 and 77, adjudged for plaintiffs (respondents) as holders of exclusive possession.

At the trial court, the plaintiffs (now respondents) had sought the following reliefs:

(1) A declaration that the plaintiffs are the rightful and legal owners of plots 74, 75, 76 and 77 respectively lying and situate at Rimin Auzunawa Quarters of Ungogo Local Government, Kano State.

(2) A declaration that the purported purchase of the said plots by the defendants is null and void, ab initio.

(3) A perpetual injunction restraining the defendants, their agents, privies or any other person acting for and on their behalf from disturbing the peaceful enjoyment and possession of the plaintiffs regarding the said plots.

(4) Damages against the defendants.

(5) Any other relief(s) deemed appropriate by this hon. court.

The appellants (as defendants) had filed a joint statement of defence to defend the suit, with a counter-claim, for:

(1) A declaration that the 1st defendant being the title owner of plots No. 76 and 77, the 2nd defendant being the title owner of plot No. 74 and the 3rd defendant being the title owner of plot 75, respectively, are the owners and entitle (sic) to the possession of their respective plots of land lying and situated at Rimin Auzunawa Quarters Ungogo Local Government, Kano State.

(2) An order declaring the action of plaintiffs in trespassing unto the defendants respective plots of land is an actionable trespass.

(3) An order declaring that the plots of land in dispute belong to the defendants.

(4) An order of perpetual injunction restraining the plaintiffs from further trespassing into the said defendants plots of land.

(5) An order of general damages.

(6) Cost of this action.