PASTOR DAVID D. ISHAYA ETSU vs. MR. SAMAILA MAIWIYA
April 16, 2025MR. BALA TSEWA BELLO KHAMOFU v. STANDARD CHARTERED BANK NIGERIA LIMITED
April 16, 2025Legalpedia Citation: (2016-12) Legalpedia (CA) 81615
In the Court of Appeal
HOLDEN AT YOLA
Tue Dec 13, 2016
Suit Number: CA/YL/62/2016
CORAM
HON. JUSTICE OYEBISI FOLAYEMI OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE OYEBISI FOLAYEMI OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI FOLAYEMI OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI FOLAYEMI OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE OYEBISI FOLAYEMI OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE JAMES SHEHU ABIRIYI
PARTIES
ALHAJI SALEH KILAWA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
It was the Respondent’s case that sometime in 1970; he bought the land in dispute from Buba Sallama, Wazirin Gombe and subsequently applied for a statutory right of occupancy. Upon completion of the transaction, he gave the documents to late Senator Idris Abubakar when one Sani Labaran encroached on the land. In 1987, Alhaji Sale Kilawa claimed ownership of the land and asked his boys to beat him up which led to the loss of his right eye hence he instituted an action at the High Court of Gombe State, seeking declaratory and injunctive reliefs, general damages for detinue, trespass to land, assault and battery. Musa Saleh Kilawa who was substituted in place of his late father Alhaji Sale Kilawa stated that the dispute started in 1987 and his father told him that he bought the land from one late Jalo and obtained a Certificate of Occupancy in his name. Upon the conclusion of evidence and testimony by parties, the lower court entered judgement in favour of the 1st Respondent. Displeased by the decision of the court, the Appellant upon leave granted by the court, filed an appeal before this court contending that the judgement of the lower court against the deceased cannot stand as it is null and void and of no legal effect.
HELD
Appeal Struck Out ??
ISSUES
{C}Ø {C}Whether the judgment of the trial Court of 12th October, 2011 was valid against the deceased Appellant? {C}Ø {C}Whether as at 2005 when the 1st Respondent filed his suit against the Appellant, the 1st Respondent has a valid cause of action on an incident that occurred in 1987? And whether or not a defence of estoppels not raised and or pleaded by the 1st Respondent could constitute a defence that the action was statute barred? {C}Ø {C}Whether the trial Judge was not wrong in setting up a different case for the 1st Respondent from the one set up by him in his amended Statement of Claim dated 30th May 2006 and the trial Judge also suo motu raising and answering issues in favour of the 1st Respondent without affording the Appellant the right to respond to same? {C}Ø {C}Whether the 1st Respondent has proved his case based on the pleadings and evidence adduced at the trial Court? {C}Ø {C}Whether from the totality of the evidence adduced by the parties before the court, the learned trial Judge was right in holding that the 1st Respondent has proved his case??
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
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