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ALFA SAKA SALAMI v. ALHAJI MOHAMMED JODI MAGAJI MUSE FAMILY

(2019) LPELR-47038(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of March, 2019

SC.75/2009


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ALFA SAKA SALAMI - Appellant(s)

AND

ALHAJI MOHAMMED JODI MAGAJI MUSE FAMILY
(For and on behalf of Muse Family) - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.

FACTS:
This is an appeal against the judgment of the Court of Appeal, Ilorin.

The respondent who was the plaintiff instituted the action before the Kwara State High Court, Ilorin and claimed against the appellant/defendant a declaratory relief for the ownership of 55 plots of land at Gbagba village, off Ilorin Airport, Ilorin. He further claimed for perpetual injunction and damages of N500,000.00 for trespass on the land.

He lost in the High Court and appealed against the judgement of the High Court to the Court of Appeal, Ilorin. The appeal was allowed and all the reliefs which he claimed in the High Court were awarded to him. The Court of Appeal awarded N750, 000.00 as general damages which was above the amount he claimed in the amended statement of claim.

The respondent/appellant was aggrieved by the decision given by the Court of Appeal, Ilorin and filed an appeal to the Supreme Court.

However, the respondent at the Supreme Court filed a preliminary objection challenging the competency of the appellant's appeal. He said that the case of the appellant at the trial Court was fundamentally defective and or incompetent for having been premised on a non-existent pleading or statement of defence.

ISSUES:
The appeal was determined on the following issues as formulated in the Preliminary Objection viz:

A. The case of the appellant at the trial Court is fundamentally defective and or incompetent for having been premised on a non-existent pleadings or Statement of Defence.
B. The complaint of the appellant contained in Ground One of the appellant's Notice of Appeal and Issue One of the appellant's issues for determination distilled therefrom are incompetent having been raised for the first time before this Honourable Court without the appellant first seeking and obtaining the leave of this Honourable Court to do so.
DECISION/HELD:
On the whole, the Supreme Court unanimously upheld the preliminary objection and dismissed the appeal for lacking in merit.


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