- Kwada v. Zira
- ₦ 200
Kwada v. Zira
COURT OF APPEAL
( JOS DIVISION )
IBRAHIM TANKO MUHAMMAD, JCA ( Presided )
OLUDADE OLADAPO OBADINA, JCA
IFEYINWA CECILIA NZEAKO, JCA ( Read the Lead Judgment )
19TH FEBRUARY, 2002
APPEAL - Grounds of
appeal - Issues not raised before trial court - Whether can be entertained by
APPEAL - Grounds of
appeal - Need for ground to be based on decision challenged
APPEAL - Jurisdiction
of Court of Appeal vis-a-vis decision of Area Court - Extent of
JUDGMENT AND ORDERS -
Basis for judgment - Consideration of material facts pleaded and proved at the
JURISDICTION - Jurisdiction of court -
Jurisdiction not conferred by law -
Whether can be assumed
LAND LAW - Possession - Claim for - How to
LAND LAW - Ownership of land - Five ways of
LAND LAW - Trespass -
What plaintiff must prove to succeed in an action therefor
Whether the proceedings of the trial Upper Area Court
as confirmed by High Court Michika does not offend against the appellantâ€™s fair
hearing and occasioned a miscarriage of justice.
Whether, having regard to the state of facts available
before the court the appellate High Court was right to have concluded that the
land subject of dispute is a family land under Wuro Ngayadi culture.
Whether respondents were entitled to judgment.
herein, as plaintiff, filed an action at Upper Area Court, Michika against the
respondents herein, as defendants, claiming declaration of title, trespass and
injunction in respect of the land lying at Wuro Nayadi, Madagali Local
Government, Adamawa State.
The plaintiff at
the Upper Area Court claimed to have purchased the land in dispute from Iliya
as evidenced by a purchase receipt and alienation certificate. The said sale was in fact witnessed by the
village head, Lawan while the defendants asserted that Iliya who sold the land
to the plaintiff is a member of their extended family having the same
grandfather with them. It was further asserted that Iliya had no authority to
sell the land when the family members were not consulted. When the defendants sued Iliya afer the
discovery of the sale, he confessed that he made a mistake.
The trial Upper
Area Court Judge held that the sale was void.
The plaintiff being displeased with the said decision filed an appeal at
the High Court of Adamawa State. The
learned appellate Judges of the High Court held that if the land did not belong
to Iliya, he passes no title to the plaintiff/ appellant. The appellate High Court Judges stated
further that the root of title vested on members of the family not Iliya who
under native law and custom of Wuro Ngayadi cannot pass any such legal
title. The appeal was therefore
The plaintiff/appellant being dissatisfied
with the decision of the Appellate High Court Judges brought this appeal.