Shettima Suleimana V. Abubakar Usman Laga (2013)

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 Borno State High Court of Justice delivered on the 25th February, 2013 by C.A. Mamza (J).

The Appellant as can be gleaned from the record was the Defendant in that Court (hereinafter referred to as the trial Court) whilst the Respondent was the Plaintiff.

By paragraph 18 of his amended statement of claim, the Respondent as Plaintiff claimed the following reliefs:

“(18) WHEREOF the plaintiff claims against the defendant the following reliefs:-

(1) A declaration of title and/or to customary right of occupancy to that piece or parcel of land situate and lying at Koshebe village in Mafa Local Government Area of Borno State, as is more particularly shown and delineated in plan attached to customary certificate of Right of occupancy No. 0190 granted by Mafa Local Government which the plaintiff inherited from his late father, Alhaji Usman Laga.

(2) N1, 250,000.00 being special and general damages for loss of use of the plaintiff’s farmland for the year, 2006 and for trespass on the land.

(3) A perpetual injunction restraining the defendant, his servants, agents and/or privies from further trespassing into the said piece or parcel of the land.

(4) Cost of this suit.”

Pleadings were filed and exchanged and the case proceeded to hearing. The Respondent called 7 witnesses and tendered some documents as Exhibits and the Appellant as Defendant called 4 witnesses. Addresses were filed and exchanged. In a reserved judgment, the learned trial Judge held thus:

“On the whole I hold that the plaintiff proved his claim by cogent and credible evidence and is entitled to judgment. I hereby enter judgment for the plaintiff in the following order. I hereby order that:-

“1. A. declaration of title and or the customary right of occupancy to the piece or parcel of land situate and lying at Koshebe village in Mafa Local Government area of Borno State as is more particularly shown and delineated in plan attached to customary certificate of Right of Occupancy No. 0190 granted by Mafa Local government which the plaintiff inherited from his late father Alh. Usman Laga.

2. As for the claim of N1, 250,000 being general and special damages, claim of special damages must be proved with credible and in contradicted evidence it has to be specially pleaded and strictly proved because it is exceptional in its character such that the law will not infer from the nature of the acts which gave rise to the claim. Plaintiff has pleaded in paragraphs 16 and 17 of the amended statement of claim for special damages but have failed to prove same by evidence hence he is not entitle to special damage which has not been proved see the case of Araba v. Elegba (1986) 7 NWLR (Pt. 16) P. 33 ratio 3.

For the claim of general damages when averred as having been suffered the law will presume to be the direct natural or probable consequence of the act complained of plaintiff is therefore entitle to general damages. Plaintiff is entitled to general damage of N30, 000.00k.

3. A perpetual injunction restraining the defendant his servants, agents and/or privies from further trespassing into the said piece or parcel of the land.
4. Plaintiff is equally entitled to the cost of this suit, because he must have paid for the expenses of his counsel, paid for the filing of document before this court. N20, 000.00k is assessed as the cost of the suit. Plaintiff is therefore entitled to cost of N20, 000.00k”.

Aggrieved by the judgment of the learned trial Court supra, learned counsel for the Appellant on 2/8/2013 approached this Court and filed a Notice of Appeal consisting of eight grounds from which he distilled five issues for determination as follows: