The Minister of Works & Housing V. Alhaja Kuburat Shittu & Ors (2007)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A.

This appeal emanated from the decision of the Kaduna State High Court which assumed jurisdiction on the Respondents claim to title to a landed property. The trial court had given judgment in favour of the Respondent on 17th October, 2003 having earlier, on 15th April, 2003 overruled the objection of the Appellant to jurisdiction of the trial Court to adjudicate on the matter.

The Respondents had by a Writ of Summons dated 11th February, 2002 commenced an action against the Appellant and claimed as follows:

“1. A declaration that by virtue of Certificate of Occupancy No. NC 4942 dated 26th

February, 1979 registered as No. KDR46 at page 46, Vol. 15 (Certificate of Occupancy) of the Lands Registry, Kaduna title in property No.1 Challawa Crescent, Kaduna rest in the Plaintiffs as

beneficiaries of the estate of Alhaji Lamidi Olusegun Ibiyeye (deceased).

2. Declaration that the estate of late Alhaji Lamidi Olusegun Ibiyeye is entitled to continue exclusive possession of the No.1 Challawa crescent, Kaduna South covered by aforementioned Certificate of Occupancy No. NC 4942.
3. Possession of Plot No. 1 Challawa Crescent, Kaduna covered by Certificate of Occupancy No. NC 4942 dated 26/2/79”

The Defendant/Appellant (hereinafter referred to as Appellant) after filing a three paragraph statement of defence to the Respondents’ claim moved his objection to the competence of the trial court to try the case, being the only point in defence. The objection was overruled and the substantive suit proceeded to hearing, the trial court having ruled that it had jurisdiction to try the matter. On 17th October, 2003 final judgment was delivered by M.T.M. ALIYU, J. of Kaduna High Court, in favour of the Plaintiffs/Respondents.

Dissatisfied with both the Ruling delivered on 15th April, 2003 and judgment delivered on 17th October, 2003, the Appellant appealed to this Court with a Notice of Appeal of two grounds as follows:

GROUND 1

“The learned trial Judge erred in law when he held that there are no extrinsic features in the Plaintiffs’ claim preventing him from assuming jurisdiction over the Plaintiffs/Respondents suit and eventually exercised jurisdiction and entered judgment against the Defendant/Appellant in a case where he ought not to have assumed jurisdiction.

PARTICULARS OF ERROR

(a) By virtue of Section 251(1) (r) of the Constitution of the Federal Republic of Nigeria, 1999 only the Federal High Court, to the exclusion of every other Court, has jurisdiction to hear, determine and grant the reliefs sought by the Plaintiff/Respondents (sic)

(b) The Plaintiff/Respondent’s (sic) reliefs being essentially declaratory in nature, were sought against the Defendant who by virtue of Section 147 and 148 of the Constitution of the Federal Republic of Nigeria, is an agency of the Federal Government.

(c) The Plaintiff /Respondent’s(sic) entire claim stems from the administrative decision/action of the Defendant/Appellant to eject the Plaintiff/Respondent’s(sic)tenants from the property known as No. 1 Challawa Crescent, Kaduna.