Sani Mustapha Babura V. Saidu Mohammed (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the Judgment of the Gombe State High Court of Justice, presided over by Hon. Justice H. A. Barka (as he then was) delivered on the 12th day of July, 2012 wherein the learned trial Judge entered Judgment in favour of the Respondent, against the Appellant. The facts of the case as can be gleaned from the record of proceedings are that:

The Appellant by his amended writ of Summons and statement of claim instituted this action at the Lower Court and sought for the following reliefs against the Respondents:

“a. Declaration that the Plaintiff is the legal and rightful owner of a land situate in Gombe covered by a Certificate of Occupancy No. BA/5225 and no other person/body including the defendant.

b. Declaration that the piece of land covered by a Certificate of Occupancy No. BA/5225 is not the same piece of land as reflected on the letter of grant No. BA/780 issued to the defendant.

c. An order directing the defendant to demolish the structures wrongfully

erected on the Plaintiff’s land.

d. The payment of the sum of one million (1,000,000.00) general damages against the defendant for trespass commited by the defendant in respect of the said parcel of land which trespass is still continuing.

e. N300,000.00 cost of this action, See. Pages 27-28 of the record of appeal.

The defendant/Respondent denied liability and by his amended statement of defence and counter-claim dated 15/1/2012, he counter-claimed against the Plaintiff/Appellant for the following:

“a. A declaration that the defendant/counter claimant is the lawful and rightful owner of the land measuring 450sq meters known as plot B.542 and covered by state grant no. CRR/2706/3 dated 20/11/1984, upon which he built his residence.

b. An order perpetually restraining the Plaintiff/Defendant or any of his privies and/or cronies from interfering and disturbing the defendant/counter claimant from peaceful occupation and enjoyment of his legitimately acquired and owned land.

c. The sum of two

million Naira general damages for all the harrowing, torments and trespass inflicted upon the defendant/counter ? claimant by the plaintiff/defendant misconceived claim.