Legalpedia Citation: (2025-01) Legalpedia 05905 (CA)

In the Court of Appeal

HOLDEN AT YOLA

Wed Jan 22, 2025

Suit Number: CA/YL/52/2023

CORAM

PARTIES

APPELLANTS

RESPONDENTS

AREA(S) OF LAW

CONSTITUTIONAL LAW, LAND LAW, CUSTOMARY LAW, EVIDENCE, CIVIL PROCEDURE, PROPERTY LAW, APPEAL

SUMMARY OF FACTS

This appeal stems from the judgment of the High Court of Adamawa State sitting in its appellate jurisdiction. The original dispute began at the Grade 1 Area Court Bazza, where the Respondent (Waravi Januwada) as plaintiff sued the Appellant (Gabriel Tumba) as 2nd defendant alongside one Musa Shaibu as 1st defendant, claiming ownership of pieces of farmland in Shikagana, Adamawa State, which both defendants had cleared for farming. The Respondent requested that the defendants vacate the farmland.

Both defendants denied the claims and counter-claimed against the Respondent, basing their claims on traditional history through inheritance. The 1st defendant claimed that the land belonged to his grandfather ‘Ziravie’, while the Appellant claimed that the land belonged to his grandfather ‘Vandu Sunagiwe’.

After reviewing the evidence, including a visit to the locus in quo, the trial Area Court found in favor of the Respondent against the 1st defendant, awarding the Respondent the disputed land being cultivated by the 1st defendant. However, regarding the Appellant, the trial court declined the Respondent’s suit and awarded the Appellant the contested farmland as per his counterclaim.

Dissatisfied, the Respondent appealed to the High Court of Adamawa State, which allowed the appeal, set aside the decision of the trial Court as it related to the Appellant’s counterclaim, and entered judgment in favor of the Respondent. The Appellant, being dissatisfied with the High Court’s judgment, instituted this appeal to the Court of Appeal.

HELD

1. The appeal was allowed.
2. The judgment of the lower Court in Appeal Suit No: ADSM/209A/2017 was set aside.
3. The judgment of the Grade 1 Area Court Bazza in Case No: CV/44/2017 delivered on 14/07/17 was restored.
4. Parties were ordered to bear their respective costs.

ISSUES

1. Whether the trial Court was right when it declared title on the Appellant’s portion of land to him based on his counter-claim but was wrongly set aside by the lower Court on ground that the trial Court divided the land which was not sought for by the parties?
2. Whether from the totality of the evidence led before the trial Court, the trial judge was right in declaring title to the Appellant’s portions of land but was set aside by the lower Court on the ground that judgment of the trial Court is against the weight of evidence?
3. Whether the lower Court was right when it held that Ground 1 of the Additional Ground of Appeal was competent which did not emanate from the ratio decidendi of the trial Grade 1 Area Court Bazza?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)

Evidence Act 2011

Area Courts Law of Adamawa State

High Court (Civil Procedure) Rules of Adamawa State
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