Judgment
UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The disputed land in this matter is a piece of farmland at Kuwyi in Niger State. The Respondents herein claim ownership of the land, being inheritance from their respective fathers, who are brothers; and who had inherited the land from their grandfather.
From the facts pleaded by the Respondents, there had been previous litigation over the land before the Gwada Area Court which entered judgment in favour of the Appellant, but on further appeal to the Upper Area Court, Minna, the judgment of the Gwada Area Court was set aside and a retrial was ordered. With the success at the Upper Area Court, the 1st Respondent commenced another action against the Appellant at the Sharia Court, Gwada. While the said action was pending, the Respondents instituted the proceedings which spawned this appeal before the High Court of Niger State in SUIT NO.
NSHC/MN/220/2011: ALHAJI IBRAHIM IDRIS & ANOR. vs. BAWA MAGAJI.
The Respondents claimed the following reliefs: “Whereof the plaintiffs claim from the defendant a declaration of title to the land Kuwyi, an order of perpetual injunction restraining the defendant his servant assign and privies from trespassing further trespassing on the land; they also claim the sum of N1,000,000.00K general damages for trespass to the land since 2001 plus substantial costs.” The Court processes were served on the Appellant and learned counsel filed a Memorandum of Appearance on Protest for the Appellant. (See page 16 of the Records).
In the said Memorandum of Appearance, the Appellant’s address for service was stated to be through his Solicitors. Aside the filing of the Memorandum of Appearance, the Appellant did not file any other process or take any steps to defend the action. The Respondents consequently filed a motion for judgment in default of defence. The said motion which was filed on 12th February 2013 is at pages 114-117 of the Records of Appeal.
The lower Court upon being satisfied that the motion and hearing notice were served on the Appellant at the address for service supplied in the Memorandum of Appearance proceeded to hear the motion for judgment in default of defence; and in its judgment which was delivered on 25th March 2013, the lower Court entered judgment for the Respondents as follows: “It is thus hereby ordered that judgment is hereby entered in favour of the plaintiff/applicant against the defendant/respondent, in terms of plaintiffs’ statement of claim.
