Judgment
HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The appellant was the defendant in Suit No. NSHC/MN/174/2015: Paiko Mandaci vs. Ngila Makeri. It is clear from the record, that by the suit mentioned above, the applicant as plaintiff by way of a writ of summons filed on the 27th of October, 2015, before the Niger State High Court, Minna Judicial Division, coram Aisha A.L. Bwari J, claimed against the defendant the following reliefs:- i.
A declaration that the Plaintiff is the lawful owner and therefore entitled to all that piece or parcel of land bounded in the North by a stream called Jegpuawu, in the South by Tafiya Yako’s farmland, in the East by Jaba Zaruma’s farmland and in the West by Zegi’s farmland. ii.
A declaration that the act of the Defendant in entering the land and preventing the Plaintiff’s agent from working on the land and in fact clearing the land by a grader thereby destroying the crops planted by the Plaintiff and his agents amounts to trespass and therefore illegal, null and void and unjustifiable whatsoever. iii. An order of perpetual injunction restraining the Defendant, his agents, privies, assigns and whoever represents them from any further interference with the Plaintiff’s quiet enjoyment of the land in dispute. iv.
The sum of Five Hundred Thousand Naira as damages for trespass and wanton destruction of the Plaintiff’s crops by the defendant. v. The cost of the action. The defendant filed a statement of defense in which he disputed the Plaintiffs claim, apparently joining issues on all the material facts therein, and by way of a preliminary objection brought under the inherent jurisdiction of the Court and filed on the 26th day of April, 2016, prayed for order of the Court striking out the suit for want of jurisdiction.
The application was premised on the grounds that the respondent herein is caught by Estoppel, by standing by (conduct) and issue estoppels as stipulated in Sections 169 and 173 of the Evidence Act 2011, and that the suit constituted an abuse of Court process. in support of the application is a four paragraph affidavit deposed to by one Yahaya Abubakar, a litigation Secretary in the chambers of the learned counsel appearing for the plaintiff, and hinged on the motion papers are the following documents: i. Judgment of former High Court 3 Minna delivered by Hon. Justice Christopher I.
