Nafiu Gambo Haruna V. Alhaji Lawal Yaro (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Kaduna State delivered on the 24th of September, 2014 in suit No. KDH/2/13/2010. The genesis of the dispute before the lower Court (High Court of Justice, Zaria, Kaduna State) was that the respondent (then plaintiff) bought the property, subject matter of the litigation, from Alhaji Muhammed Sule Ringim. Alhaji Muhammed Sule Ringim bought the house from Alhaji Gambo Haruna (deceased), the father of the appellant (defendant at the lower Court).

The respondent was given sale agreements of the transaction between himself and that of the transaction between Alhaji Muhammed Sule Ringim and Alhaji Gambo Haruna. He went to the Upper Sharia Court and obtained certificate of purchase, which is evidence of title to the disputed property. Thereafter, the appellant and his mother claimed that they had inherited the property as their share of the Estate of late Alhaji Gambo Haruna, the father of the appellant. The respondent did all he could to persuade the appellant from claiming title to the property to no avail. The respondent then decided

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to institute an action at the lower Court against the appellant, claiming as follows:

(a). A Declaration that the house known as No. 17 Jibga Road, Tudun Wada, Zaria belongs to the plaintiff.

(b). An Order of perpetual injunction restraining the Defendant, his agents, assigns and privies from interfering with the plaintiff’s possession of the house known as No. 17 Jigba Road, Tudun Wada, Zaria.

(c). special damages in the sum of N100,000.00 per annum from November 2005 till judgment is delivered.

(d). General damages in the sum of N1,000,000.00 (One Million Naira Only) for interfering with the plaintiff’s possession of his house and preventing him from rehabilitating same from the year of purchase till date.

(e). Cost of action.

Pleadings were filed, issue joined and the matter proceeded to trial. The respondent (as plaintiff,) called witnesses who testified in support of his claims. The appellant (as the defendant) called witnesses who testified on his behalf to prove his title to the property. After addresses of learned counsel to the parties, the learned trial Judge of the lower Court delivered his judgment on the 24h of

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September, 2014, granting all the relief sought by the respondent. Aggrieved by the decision of the lower Court, the appellant (then plaintiff) filed Notice of appeal against the decision of the lower Court on the 30th of September, 2014, on four (4) grounds. The grounds of appeal, without the particulars are thus:

GROUND ONE