Muhammed Mijinyawa & Anor V. Alhaji Yusuf Anas (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Justice, Taraba State (Coram Adamu Aliyu (CJ) (as he then was) delivered on 7th February, 2012 wherein the Lower Court ordered the transfer of the case before it to Mutum Biyu Area Court. The ruling of the Lower Court can be found on pages 62 to 63 of the Records.

In the Court below, the Appellants as plaintiffs filed this suit and claimed against the Respondent/Defendant via a Writ of Summons dated 15th April, 2005 as follows:

1. A Declaration of title to the piece of parcel of land situate and lying at Anguwan Bariki, behind the Ministry of Agriculture, Extension Office, along Cooperative Road and is bound in South by the Ministry of Agriculture, West by the House of Mallam Garba, North by TK Line and the House of Sarkin Zango and on the East by the House of Alhaji Yusuf Jessawa and thereby Comprising land approximately 4050 square meters in Mutum Biyu town of Gossol Local Government Area, Taraba State.
2. The sum of N2,000,000.00 (Two Million Naira) being general damages for trespass against the

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Defendant and in favour of the Plaintiffs.

3. An injunction against the Defendant, his agents and privies from further trespassing into the land.
4. The cost of this action.

Issues were joined on these claims wherein the Defendant/Respondent via his Amended Statement of the Defence particularly in Paragraph 5 claimed that the land in dispute has been sold to him by the Plaintiffs/Appellants? deceased father. The case proceeded to hearing with each side calling witnesses in support of their various positions.

After the close of the Plaintiffs/Appellants? case the Defendant/Respondent called his first witness through whom he sought to tender some documents evidencing the sale transaction of the land in dispute. The Plaintiffs/Appellants objected to the admissibility of the documents in question. In view of this the Lower Court adjourned the case to 29th September, 2011 for ruling on the said objection.

?The trial Court resumed hearing on the matter on the 7th February, 2012 with the Counsel for the Defendant/Respondent present in Court and the Plaintiffs/Appellants as well as their Counsel absent. At this sitting of the Court the

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Defendant/Respondent?s Counsel raised an objection as to the jurisdiction of the Court claiming that the subject matter in dispute is an inherited property which is subject to Islamic Law of Secession which the trial Court has no jurisdiction to entertain. Based on this, the Defendant?s Counsel urged the trial Court to invoke the provision of Section 76 of the High Court Rules and transfer this suit to a Court of competent jurisdiction.

In view of this the learned trial Chief Judge agreed with the Defendant?s Counsel and ordered the Mutum Biyu Area Court 1 to start and hear the case de novo under the principles of Islamic Personal Law, through a ruling dated 7th February, 2012.

?Aggrieved by the ruling of the trial Court, the Plaintiffs/Appellants approached this Court and filed a Notice of Appeal on 22nd April, 2014 which was later amended through an Amended Notice of Appeal filed on the 3rd November, 2014 and sought for the following reliefs:

a) An order allowing the appeal and setting aside ruling of the Lower Court dated 7th day of February, 2012.

b) An order remitting the suit to the High Court of Justice Taraba State for