CORAM

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OYEBISI FOLAYEMI OMOLEYE (PJ), JUSTICE, COURT OF APPEAL

JAMES SHEHU ABIRIYI, JUSTICE, COURT OF APPEAL

SAIDU TANKO HUSAINI, JUSTICE, COURT OF APPEAL

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PARTIES

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1. MINISTRY OF LAND AND SURVEY,

YOLA

2. ATTORNEY GENERAL AND

COMMISSIONER FOR JUSTICE

ADAMAWA STATE

 

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1.JAURO YAHAYA SANGERE

2.USMAN AJI.

 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Respondent before the High Court of Adamawa State holden at Yola claimed against the Appellants and 2nd Respondent for a declaration of title to the land in dispute among other declarations in respect of the land, an order of perpetual injunction and damages. According to the 1st Respondent, the farmland was first cleared by his grandfather who used it for rearing cattle. He inherited the land after the death of his father and obtained a Local Government Certificate of Occupancy No 00155 in 2001 in respect of the land in dispute which is valid and still subsisting. And that he sold over fifty portions of the land to various people who in turn obtained Local Government Certificates of Occupancy over their various portions of land. In their defence, the 1st and 2nd Appellants stated that the land in dispute was formally acquired by Adamawa State Government in 2004 and the 1st Respondent was fully aware of the acquisition and payment to him through the office of District Head of Girei adequate compensation made to him. And the 2nd Respondent said he applied and was allocated a plot measuring 10, 260 square meters by the 1st Appellant. The Court below heard evidence adduced by the parties and visited the locus in quo and at the end of the trial, the lower Court entered judgment in favour of the 1st Respondent. The 1st and 2nd Appellants have approached this Court by a Notice of Appeal containing four Grounds of Appeal. The 2nd Respondent did not appeal.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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Whether the Appellants were denied fair hearing by the lower Court as enshrined in the 1999 constitution as amended when the Appellants were not granted the Right to recall PW1, PW2, PW3, PW4, PW5 PW6, PW7 and PW8 for Cross Examination. Whether the lower Court properly evaluated the evidence of the parties before arriving at its decision. Whether the title of the parcel of land measuring 31.168 hectares covered by Girei Local Government Customary Certificate of Occupancy GLG. 00155 dated the 17th May, 2001 declared in favour of 1st Respondent by the lower Court falls within Urban designated area by Gongola State Notice No. 13 of 1994.

 

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RATIONES DECIDENDI

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)|Court of Appeal Rules, 2016|Land Use Act, Cap Laws of the Federation, 2004|Urban designated area by Gongola State Notice No. 13 of 1994.|

 

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