Mallam Jimoh Atanda V. The Hon. Commissioner For Lands And Housing, Kwara State & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal stems from the judgment of the Court of Appeal, Ilorin division (“the Court below or lower Court” for short) delivered on the 2nd day of March, 2006 which upturned the judgment of the High Court of Justice, Kwara State (the trial Court) delivered on 7th May 2004.

The appellant herein as plaintiff, took a Writ of summons at the trial Court against the defendants, now respondents seeking the under listed reliefs:-

(a) A declaration that the plaintiff is the lawful owner of a parcel of land situate lying and being at Offa garage area, Ilorin the said land measures 699 ft by 303ft (35 plots) to the exclusion of the defendants or any other person(s)

(b) A special damages of N50,000.00 (Fifty thousand naira) being the cost of crops planted on the disputed land by the plaintiff and N50,000 being the cost of the economic trees which the plaintiff planted on the disputed land and same were uprooted by the defendants as at when the disputed land was taken over by the defendants.

(c) A general damages of N100,000 (One Hundred Thousand Naira).

After pleadings were

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ordered, parties filed and exchanged their pleadings at the trial Court before hearing commenced in earnest. The plaintiff now appellant filed an 11 paragraph statement of claim and upon being served with same, the defendants now respondents, jointly filed a 13 paragraph statement of defence. To prove his case at the trial Court, the plaintiff/appellant gave evidence and called four other witnesses while the defendants/respondents called one witness who was an officer of the Ministry of Land and Housing Ilorin to testify on their behalf. The plaintiff/appellant tendered one exhibit which was admitted and marked Exh. A. On their part, the defendants (respondents) tendered Exhibits D1, D2 and D3 during the proceedings, all in denial of the plaintiffs claim.

The case of the plaintiff/appellant as per his pleadings and the evidence he led is that he bought the land in dispute vide a sale agreement dated 10th August, 1975 which said Sale Agreement when tendered at the trial Court was admitted, albeit not without vehement opposition from the defendants/respondents, and marked as Exhibit A. The defendants/respondents seriously opposed its

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admission but without success. The fulcrum of the defendants’/respondents’ objection was that the said exhibit being a registrable instrument relied on in proof of transfer of title, was not registered as required by law and was therefore inadmissible. On their part, the respondents claimed that the land in dispute had already been acquired by Kwara State Government for public purpose i.e an industrial layout, and compensation was duly paid on same to the customary owners of the said land for a long time ago. At the conclusion of the proceedings, the trial Court entered judgment in favour of the present appellant for declaration of title to the land as claimed. The trial Court however refused to make any award of special damages for want of proof but it awarded N20,000 general damages in favour of the plaintiff/appellant.

Dissatisfied with the decision of the trial Court, the defendants appealed to the Court below which said appeal was allowed and the judgment of the trial Court was set aside. Piqued by the decision of the Court below, the present appellant has now appealed to this Court vide a notice of appeal dated 30th March, 2006 containing ten

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