APPEAL, LAND LAW, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

The Appellant before the High Court of Adamawa State holden at Yola, sued the Respondents claiming title to the land in dispute.

The Appellant claimed that he bought the land in dispute from Alhaji Gidado Ibrahim who was the original grantor. Alhaji Gidado Ibrahim was allocated the land by the Adamawa State Government and he handed over the original title documents to the Appellant.

Thereafter the 1st Respondent trespassed into the land claiming ownership over same; the Appellant had to report him to the 2nd Respondent.  In defence, the 1st Respondent said that he purchased the land on 27th November, 2016 from Mr. Dio D. Denis and obtained a building permit on 6th December, 2016.

After fencing the land in dispute, the Appellant approached him claiming it as his own. Dio D. Dennis confirmed that he sold the land in dispute to the 1st Respondent on 27th November, 2016. 

The correct description of the land he sold to the 1st Respondent is Plot 26, with an area of about 5400 square metres which was confirmed by Thichin Akila Dwana, a litigation officer with the Ministry of Lands and Survey, Adamawa State, adding that the disputed land was on GSYP 45 Government Commercial Layout, along Yola 鈥� Numan Road, Sangere, Yola South Local Government, Adamawa State. Thichin Akila Dwana also stated that the original owner allottee of the land in dispute was Dio D.

Dennis who acquired it in 1991 from the 2nd Respondent.  And that the 2nd Respondent did not issue a stop work notice to the 1st Respondent in respect of the land in dispute.

At the end of the trial, the Court below dismissed the claim of the Appellant, hence this appeal via his Notice of Appeal which has eight Grounds of Appeal.

HELD:

Application Allowed