Mr. Yakubu Bala V. Mr. S.A. Sakyenu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA J.C.A (Delivering the Leading Judgment)

This appeal arose from the judgment of Kaduna State High Court, in suit No. KDH/KAD/660/2006, delivered by HON. JUSTICE J.S. ABIRIYI on 16/1/2009. Appellant, who was the plaintiff at the Court below, had sought the following reliefs, as per his Amended statement of claim, filed on 23/7/2008:

“i. A declaration that the Defendant, having rescinded the Agreement in respect of the lands in dispute, had no authority to interfere with the Plaintiff’s possession and enjoyment of the lands in dispute.

ii. A declaration that the Plaintiff is the beneficial owner of the pieces of land located at Mararaban Rido and Kujama and measuring 157ft N, 494ft W, 155ft E and 100ft respectively and therefore to the exclusion of the Defendant.

iii. An order of perpetual injunction Restraining the Defendant, Agent, Privies, or assigns from remaining or committing further acts of trespass of the lands in dispute or from interfering with the plaintiff’s use and enjoyment of the lands in dispute.

iv. An order that he vacate and deliver immediate Possession of the lands to the Plaintiff.

v. General damages in the sum of N500, 000.00 (five hundred Thousand Naira) only for trespass.

vi. Such further or other order as the Honourable Court may deem fit to make.”

(page 20 – 21 of the Records)

The Respondent defended the suit and counter claimed as follows:

“(a) A declaration that the Plaintiff cannot resile from the customary sale of the three plots to him.

(b) A declaration of title to the plots of land situated at Mararaba Rido measuring 100ft x 100ft and 157ft N, 494ft W 155fts, 482ft E and respectively (sic).

(c) A declaration of title to the plot of land situated at Kujama measuring 100ft x 100ft.

(d) An order of perpetual injunction restraining the plaintiff whether by himself, servants, agents, assigns and successors in title from entry into the plots or having anything to do on the said plots.