Mr. Joseph Makama v. Halim I. I. Ibrahim & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Kaduna State High Court sitting at Kaduna delivered by Hon. Justice Mairo L. Muhammed in suit No. KDH/KAD/561/2014, on the 13th day of June, 2018, wherein the trial court dismissed the claims of the plaintiff/appellant and granted the counter-claim of the respondents/defendants.

The appellant was the plaintiff, while the respondents were the defendants/counter-claimants at the trial court.

The appellant being aggrieved with the decision of the trial court dismissing his claims and granting the counter-claim of the respondents, had appealed against same to this court vide his notice of appeal dated 19th day of July, 2018 and filed on the same date.

The notice of appeal which challenged the decision of the trial court on six grounds is found at pages 388 – 392 of the record. The appellant filed an amended notice of appeal on the 14th of September, 2022, but same was deemed properly filed by this court on the 26th of September, 2022.

The record of appeal was compiled and transmitted to this court on the 21st of November, 2019, but deemed properly transmitted on the 26th of September, 2022.

The appellant’s brief dated the 7th of November, 2022, was filed on the same date, but deemed properly filed on the 18th of January, 2024. The respondents’ brief of argument dated the 8th of February, 2024, was filed on the 12th day of February, 2024. The appellant upon receipt of the respondents’ brief did not file any reply brief.

At the hearing of the appeal, counsel to both appellant and respondents adopted their respective briefs upon which this court reserved the appeal for judgment.

This appeal emanated from the decision of the Kaduna State High Court sitting at Kaduna hereinafter referred to as the trial court. The appellant who was plaintiff at the trial court commenced this suit by way of writ of summons dated the 16th day of June, 2014, and filed on the same date, wherein he claimed the following reliefs:

a. An order of this honorable court declaring the contract if any between the plaintiff and the defendants invalid, null and void.

b. An order of this honorable court mandating the 1st defendant to take back the sum of N1,200,000 which he paid through the 2nd defendant to the plaintiff as deposit for the sale of the land.

c. An order of perpetual injunction restraining the 1st defendant by himself or his agents from trespassing onto the land in dispute.

d. An order of perpetual injunction restraining the 1st defendant from lying claims that he is the owner of the land in dispute.

e. And for any other order or further orders the court may deem fit to make in the circumstance.