Mr. Shittu Gwani V. Francis Onyilola & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

DALHATU ADAMU, J.C.A. CFR (Delivering the Leading Judgment)

This is an appeal against the judgment of J.S. Abiriyi J. (as he then was) of Kaduna State High Court on 16th day of June, 2005 in which he dismissed the appellant’s claims. The plaintiff who is now the appellant was dissatisfied with the judgment and he is appealing to this court. From his amended notice of appeal filed on 8/1/2013 pursuant to the order of this Court made on 2/11/2009, the appellant filed 9 grounds of appeal.

The parties have filed briefs of arguments as required by the rules of this Court. The appellants amended brief of arguments was filed on 8/01/2013 pursuant to the Order of this Court made on 2/11/2009. The 1st respondent brief was filed on 8/02/2013 while the brief of 2nd – 5th respondents was filed on 29/10/2012 – within time. From the appellants amended brief six (6) issues were formulated and related to the grounds of appeal in paragraph 3.02. They are:-

“(1) Whether or not the learned trial judge properly evaluated the case of the plaintiff by holding that exhibits 1 and 2 contradict themselves.

(2) Whether or not the plaintiff needs to plead evidence to establish his claim.

(3) Whether or not the plaintiff gave a credible evidence to establish his title to the property.

(4) Whether or not the 1st defendant from the circumstances of this case has proved titled to the disputed property to have warranted the trial judge to have given him title to the said property.

(5) Whether the award of special and general damages in this case to the 1st defendant is sustainable when the 1st defendant did not lead any credible evidence in proof of same.

(6) Whether or not it was proper for the learned trial judge to have conducted parts of the proceedings or trial of this case in chambers. ”

In the 1st respondents brief of arguments the above issues formulated by the appellant were adopted. The 2nd – 5th respondents who made a preliminary objection merely formulated the following four (4) issues at page 5 of their brief:

“4.1. Whether the learned trial judge properly evaluated the evidence led by the appellant in proof of his case and made correct findings of facts before dismissing his claims (Grounds 1, 2 and 3).

4.2. Whether the evidence given by the defence witnesses deserves credibility and worthy of belief so as to lend weight to and support the declaration of title of the disputed plot of land in favour of the 1st Respondent (Grounds 4, 5 & 6) against the appellant.

4.3. Whether the special and general damages awarded to the 1st Respondent herein are sustainable on the basis of the pleadings and the evidence adduced in support. (Ground 7).

4.4. Issue No.6 as formulated by the Appellant is hereby adopted by the 2nd – 5th Respondents as their issue No.4 (Ground 8).