MR. Alex Onwuseraki & Ors V. Registered Trustees Of Amucha Development Organization, Kano Branch (2017) LLJR-CA - LawGlobal Hub
MR. Alex Onwuseraki & Ors V. Registered Trustees Of Amucha Development Organization, Kano Branch (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL OBIETONBARA O. DANIEL-KALIO, J. C. A. (Delivering the Leading Judgment) This appeal is over a debacle in the running of the affairs of the Amucha Development Organisation, Kano Branch which led to some grievances […]
MR. Alex Onwuseraki & Ors V. Registered Trustees Of Amucha Development Organization, Kano Branch (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALOBIETONBARA O. DANIEL-KALIO, J. C. A. (Delivering the Leading Judgment)This appeal is over a debacle in the running of the affairs of the Amucha Development Organisation, Kano Branch which led to some grievances that resulted in the suit before the lower Court. The Respondents in this appeal were the plaintiffs at the High Court of Kano State. The case of the Respondents as the plaintiffs before the lower Court was that they are the owner of the property at No. 18A Ijebu Road, Sabon Gari, Kano and that when the defendant (the 1st Appellant in this appeal) was the Chairman of the Amucha Development Organisation, Kano he was entrusted with the title documents of No. 18A Ijebu Road, Sabon Gari, Kano as well as other documents belonging to the said Amucha Development Organisation. With the expiration of the tenure of the 1st Appellant as the Chairman of the Amucha Development Organisation, Kano, he was requested to return the title deed and other documents in his possession, but the 1st Appellant refused to comply. Not even a letter from the legal advisers of the Amucha Development Organisation, Kano, Messrs O. E. B. Offiong and Co. made the 1st1Appellant to change his mind about returning the title deed and other documents in his possession. Consequently the Respondents as the plaintiffs sued the 1st Appellant and claimed as follows:-“1. An order directing/mandating the defendant to forthwith deliver up to the plaintiffs the Certificate of Occupancy No. LKN/CON/RES/87/1208 and other title documents in respect of the property situate lying and being at No. 18A Ijebu Road, Sabon Gari, Kano (otherwise known as Amucha Town Hall) belonging to Amucha Development Organisation, Kano Branch and which vests in the plaintiff as the Registered Trustees of Amucha Development Organisation, Kano Branch. An order directing/mandating the defendant to forthwith deliver up to the plaintiffs the minutes Book of the meetings of Amucha Development Organisation, Kano Branch and all other records and documents such as cheque books, Bank Tellers etc of the said Amucha Development Organisation, Kano Branch to the plaintiffs, being the registered Trustees of the said Amucha Development Organisation, Kano Branch. An order directing the defendant to pay general damages to the plaintiff in the sum of2N1,000,000,00 for the unlawful detention in the defendant’s custody of the documents of Amucha Development Organisation, Kano branch since 2009;An order of perpetual injunction restraining the defendant from further parading himself as the Chairman of Amucha Development Organisation, Kano Branch or interfering with the activities of the said Amucha Development Organisation, Kano branch in any way or manner whatsoever either by himself or through his servants, agents and/or privies or howsoever;An order directing the defendant to pay to the plaintiffs the full cost of this action”. ?In their response to the claims of the Respondents, the Appellants filed a Statement of Defence and counter-claim which they later amended. In it, they denied that the Respondents are registered trustees of the Amucha Development Organisation, Kano insisting that the Amucha Development Organisation, Kano has no registered trustees. With regard to the property at No. 18A Ijebu Road, Sabon Gari, Kano the Appellants averred that it is jointly owned by Amucha Development Organisation Kano branch, Umu-Amucha Progressive Union and Amucha Ebeise Peoples’ Assembly3Kano branch. They counter-claimed as follows:-“1. A declaration that No. 18A Ijebu Road, Sabon Gari, Kano covered by Certificate of Occupancy No. LKN/CN/RES/87/1208 also known as Amucha Town Hall is jointly owned by the Executives and members of Umu-Amucha Development Organisation Kano Branch, Executives and members of Umu-Amusa Progressive Union, Kano and Executives and members of Amucha Ebeise Progressive Union, Kano. An order of this honourable Court restraining the plaintiffs either by themselves or through their agents, privies or legal representatives or by whomsoever called, from further laying claims over the property lying and situate at No 18A Ijebu Road, Sabon Gari, Kano (Amucha Town Hall) and harassing or demanding title documents and minutes books from the 1st defendant severally (sic) and jointly on the said Amucha Town Hall. An order of N1,500,000,00 as general damages. Order as to cost”. Further pleadings in the form of a Defence to counter-claim and reply to defence to counter-claim were exchanged by the parties. In the course of the proceedings the lower Court made some Rulings. At the conclusion of