Judgment
USMAN ALHAJI MUSALE, J.C.A. (Delivering the Leading Judgment): This appeal is consequent upon the judgment of the High Court of Kano State delivered by Hon. Justice Ahmad Tijjani Badamasi on the 23rd September, 2016. The judgment of the lower Court was in favour of the plaintiffs. The plaintiffs/respondents claimed against the defendant/appellant at the Court below as follows: 1.
A declaration that both the house as well as the plot of land lying and situated at Na’ibawa Quarters in which Madarasatul Ulumiddini Islamiyya Na’ibawa carried out its school activities belong to the Madaratul Ulumiddini Islamiyya Na’ibawa. 2.
A perpetual injunction restraining the defendant, his heirs, agents, privies or any person deriving authority, or power, from the defendant, or any person acting through the defendant for themselves or for the defendant from disturbing/obstructing the quiet and peaceful engagement of the Madaratul Ulumiddini Islamiyya Na’ibawa on the house and plot of land laying and situate at Na’ibawa, Kumbotso Local Government Kano. 3. N500,000.00 (Five Hundred Thousand Naira) damages for police intimidation on the Parent Teacher Association members at their meeting on the 10th of August, 2014. 4.
Cost of this action. The defendant in his amended statement of defence counter-claimed against the plaintiffs in their individual capacity, jointly and severally as follows:- 1. A Declaration that the purported instrument of gift dated 30/5/1996 is concoction and has been forged by the plaintiffs/respondents and therefore invalid and illegal. 2. A Declaration that the purported instrument of sale dated 15/2/1999 is a concoction and has been forged by the plaintiffs/respondents and therefore invalid and illegal. 3.
A Declaration that the insinuation and forgery or concoction by the plaintiffs/respondents have succeeded in damaging the reputation image, prestige and philanthropic character of the counter – claimant which he has been building for more than 40 years now. 4. An order against the plaintiffs/respondents for payment of N2,500,000:00 to the counter–claimant as damages. 5. An order against the plaintiff for payment of N250,000:00 as cost of appearing and defending this suit.
