Judgment
JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Borno State in Suit No. BOHC/MG/CV/48/2017, delivered on 23/04/2019 by Hon. Justice B. Karumi.
In brief, the facts of the case is that the Appellant’s husband and the Respondent were both police officers who served at the Borno State Command of the Nigeria Police Force, Maiduguri. The case of the Respondent who was the claimant at the lower Court is that in 1981, himself and the Appellant’s husband were occupants of House No. B121 of Ibrahim Taiwo Housing Estate and were in quiet possession with their families for over 38 years. That the payment of rent was then done by the Police authorities until such payment was stopped by the then Inspector General of Police, Estem Eyame.
That upon the aforesaid stoppage, the two of them sought the intervention of one Haruna (deceased) and one Mairo Ali (a former Asst. Commissioner of Police) to allow them to continue to occupy the premises and to pay the rent. That based on this intervention, the General Manager of the Housing Corporation which was in control of the Estate approved their request, and they therefore became co-owners with the Appellant’s husband to House No. B121.
That with the approval, the General Manager asked that only one name be submitted, and that should be the name of the most senior of them, according to housing policy. That he was the most senior and therefore his name ought to be submitted but because he was out of town on special duty, the name of the Appellant’s husband was submitted.
It is also the case of the Respondent that when in 2003 the houses were sold on owner-occupier basis, he and the Appellant’s husband contributed N5000 to pay for the processing form, and when the house was sold at N720,000.00 he made the payments in two instalments because his colleague said he had no money. That he had to make the payments in order to avoid losing the house, and on the understanding that his colleague would later refund the half which represents his own amount for the house. That upon payment, the deed of Assignment bearing his colleague’s name was released to him.
