Maiyaki Adamu & Anor. V. Alhaji Maku Shaba (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Fati Lami Abubakar J. of the High Court of Niger State sitting at Minna delivered on 7/12/2005.

The fact of the case is briefly stated as follow:- The Respondent before this Court who was the plaintiff at the trial Court sued the Appellant who were the Defendants for a declaration of title to a farmland lying and situate at Tsohon Daga. The identify of the subject matter of the suit was not in dispute. The plaintiff relied on traditional history and act of possession to establish evidence of acquisition and claim of ownership of the disputed land.

The Defendants on their part did not counter-claim but relied on traditional history as evidenced in their statement of defence.

The trial Court found in favour of the Plaintiff. The Defendant dissatisfied with the decision of the trial court appealed to this Court.

The Plaintiff/Respondent’s claim at the Court as contained paragraph 11 of his statement of claim on page on page 4 of the Record of Appeal reads:-

“11. The Plaintiff claim from the Defendant jointly and severally as follows:

(a)A declaration that the farmland lying and situate at Tsohon Daga and particularly described in paragraph five (5) above belongs to the Plaintiff.

(b)A perpetual injunction restraining the Defendants, their privies and agents from interfering with the possession of the farmland by the Plaintiff, his privies and agents.

(c)Substantial costs”.

The learned trial Judge at the end of hearing of evidence from both parties to the dispute made the following finding:

“In the circumstances and in view of my findings, I find on a preponderance of evidence that the plaintiff has proved his claim against the Defendants to entitle him to the reliefs he seeks. Consequently judgment is hereby entered in favour of the plaintiff thus:-

i.It is hereby DECLARED that the Plaintiff, ALHAJI MAKU SHABA is the owner of the farmland lying and situate at Tsohon Daga and particularly described in paragraph five(5) above.

ii.Perpetual injunction is hereby granted the plaintiff restraining the Defendant their privies, and agents from interfering with the possession of the farmland situate and lying at Tsohon Daga.”