Mallam Sale Isa v. Mal. Garrison Hamman & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

This appeal emanates from the judgment of the High Court of Taraba State (lower Court) delivered by I. M. Sambo, J., on 20th January, 2021, wherein the lower court dismissed the claim of appellant. See pages 114 – 134 of the record.

The notice of appeal was filed on 31/03/21. This contains six (6) grounds of appeal.

The record of appeal was transmitted on 07/12/21 but deemed as properly transmitted on 14/02/23. An additional brief was filed on 21/03/22 but deemed properly filed on 14/02/23.

These paved the way for the filing of the appellant’s brief of argument on 20/02/24 but deemed as properly filed and served on 22/04/24. This brief was settled by J. J. Akor, Esq. The respondents’ brief of argument was filed on 28/03/24 but deemed as properly filed and served on 22/04/24. This brief was settled by N. C. Mbata, Esq.

On 23/10/24 when the appeal came up for hearing, learned counsel for both parties adopted their respective briefs of argument, adumbrated on same, with the matter then adjourned for judgment.

Factual Background

The facts of the case leading to this appeal is that the appellant as plaintiff sued the respondents as defendants at the trial court claiming title to the land bounded to the East by Muhammed, South by Alimadu Mashi, Adi Babawo, Joshua, and West by Justina Joshua, Amina at Mayo-Gwoi settlement of Jalingo Local Government Area of Taraba State.

In the suit, the respondents did not contest the claim of title of the appellant, but contended that the appellants land does not extend to the access road used by the general public, as same predate the advent of the appellant in the settlement. The trial court by its decision delivered on the 20/01/21 dismissed the claim of the appellant. See pages 114 – 134 of the record of appeal.

Dissatisfied with the decision of the trial court, the appellant invoked the appellate jurisdiction of this court through the appeal processes earlier identified.

Determination of appeal

In the appellant’s brief which as noted was settled by J. J. Akor, Esq., four (4) issues were distilled from the grounds of appeal, namely:

1. Whether the trial lower court was right to dismiss the appellant’s claim having adduced cogent, reliable evidences of appellant’s title to the land by both parties? (Distilled from ground 1, 2 and 6 of the grounds of appeal).
2. Whether the trial lower court was right to have held that a private survey plan to be valid and relied upon shall be counter-signed by the State Surveyor-General? (Distilled from ground 3 of the grounds of appeal).
3. Whether the trial lower court was right to hold that the appellant should have called his neighbors as witness to establish his boundary despite not having any dispute with any of his boundaries? (Distilled from grounds 4 of the grounds of appeal).
4. Whether the trial lower court was right to hold that the oral evidence of the plaintiff/appellant is in contradiction with the exhibits tendered? (Distilled from grounds 5 of the grounds of appeal).

The respondents’ counsel adopted the above appellant’s issues and argued them. I will therefore adopt the agreed issues for the resolution of the appeal.

Issue one