Mallam Hakilu Sabon-gida & Anor V. Hajiya Maryam Habu Dan-namashi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

By an amended Writ of Summons and Amended Statement of Claim, the respondents who were the plaintiffs at the lower Court (High Court of Justice, Katsina State) instituted suit No. KTH/41/2012, against the appellants who were the defendants, seeking the following reliefs:

1. A declaration that the piece of land situates at Sabon Gida Ward, along Jibiya Road on the North it is bounded with Mai Unguwa Sabon Gida, to the South Estate of Bala Dan Sani to the East by Jibiya road, and to the West by the house of the plaintiffs belongs to the plaintiffs.
2. A perpetual injunction restraining the defendants, their heirs, servants, agents, privies or any other person deriving title from the defendants from encroaching, trespassing or taking possession of the piece land described in relief 1 above.
3. General damages for trespass by erecting structures in the piece of land in the sum of N1,000,000.

?

The 1st appellant filed a statement of defence. The 2nd appellant, who was joined during the trial of the case, did not file pleadings. The respondents called two (2) witnesses who testified

1

in support of their claims. The 1st appellant called one witness who gave evidence on his behalf. The 2nd appellant did not call witness. Learned counsel to the parties addressed the Court, after the taking of evidence. The learned trial Judge of the lower Court delivered his judgment on the 15th of May, 2013 wherein all the reliefs sought by the respondents were granted. Dissatisfied with the judgment of the lower Court, the appellants filed Notice and grounds of appeal on the 13th of August, 2013, seeking for an order allowing the appeal and setting aside the decision of the lower Court.

The appellants’ brief of argument was filed on the 16th of June, 2015, wherein 3 issues have been distilled from the grounds of appeal. The respondents, brief of argument was filed on the 25th of August, 2015 wherein the 3 issues for determination in the appellants’ brief of argument were adopted. The appeal come up for hearing on the 23rd of March 2016, whereat, learned counsel to the appellant adopted the brief of argument and urged the Court to allow the appeal and set aside the judgment of the lower Court. Learned counsel to the respondents adopted the brief of

2

argument and urged the Court to dismiss the appeal and affirm the judgment of the lower Court. The 3 issues for determination in the appeal are these:

1. Whether the trial Judge was right in granting the respondents title to the land in dispute. (Distilled from grounds 1 and 2 of the notice of appeal).
2. Was the trial Judge right in awarding N50,000.00 general damages to the respondents. (Distilled from ground 3 of the notice of appeal).
3. Whether the judgment of the trial Court was against the weight of evidence. (Distilled from ground 4 of the notice of appeal).

RESOLUTION OF ISSUES

Issues 1 and 3 are intertwined or dovetailing such that one cannot be resolved without delving into the other. For this reason, they are taken hereunder and resolved, then issue 2.

ISSUES 1 (ONE) AND 3 (THREE)

Saulawa, Esq., of learned counsel to the appellant submitted that the respondents failed to plead facts and adduce evidence on how they acquired title to the parcel of land in dispute. That to be entitled to their claim of title to the said land, they ought to have pleaded facts in support, and then adduced evidence proving their title

3