Yakubu Wambai V. Jafaru Musa (2009)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, J.C.A

The plaintiff now Respondent claimed in the court below the following reliefs against the Defendant now Appellant:-

(a) A declaration that the piece of land situate and lying at Zhin village in Bosso Local Government belonged to the Plaintiff’s family.

(b) A declaration that the defendant is not entitled to the statutory right of occupancy in certificate of occupancy NGS 22055 issued to him as it was illegally and fraudulently obtained by him.

(c) An order of revocation of certificate of occupancy NGS 22055 issued to the defendant covering the land in dispute

(d) An order of perpetual injunction restraining the defendant, his agents or privies or any other person claiming title over the land through the defendant from tampering or interfering with the land in dispute in any manner detrimental to the interest of the plaintiff’s family.

(e) Substantial cost.

The Plaintiff/Respondent had commenced this action at the High Court Minna in Niger State and presided over by Justice Sadiq Abiya who delivered the judgment on the 30th November 2006 found for the Respondent hence this appeal by the Defendant/Appellant.

FACTS

The subject matter of the dispute is the piece of land situate and lying at Zhin village at Pyata village area in Bosso Local Government Area of Niger State. In proof of his claim to declaration of title and other reliefs the Respondent as plaintiff had called 6 witnesses with the Appellant as PW6. The Appellant in defence called 2 witnesses in his defence and relied on his testimony as PW6.

From the nature of his pleadings and the evidence of all his witnesses it is clear that the Defendant/Appellant was relying on historical evidence in proof of his claims. In all three (3) exhibits were tendered and admitted and marked as A,B,C. Exhibit A was tendered by the Respondent through PW6, under a subpoena (C of o NO. NGS 22055) while B and C were tendered by the Appellant during cross-examination of PW6.

Learned counsel for the Appellant arguing the appeal after adopting their Brief filed on 3/7/07, in it raised two issues which are:-

1. Whether having regarded to the pleading of the parties and the evidence adduced at the trial, the trial court acted properly in entering judgment in favour of the Respondent.

2. Whether PW6 can be said to be a witness for all intents and purposes against the interest of the plaintiff who called him.