Application on the Rule in Kojo II v. Bonsie

CASE TITLE:  YAHAYA & ANOR V. CHAMBAJI (2024) LPELR-61726(CA)

JUDGMENT DATE: 15TH MARCH, 2024

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on land law.

FACTS:

This appeal is against the decision of High Court of Adamawa State, sitting in its appellate capacity and overturning the decision of the Upper Area Court No. 1 Yola, which was in favour of the Defendants and against the Plaintiff.

At the trial Court (Upper Area Court), the Plaintiff had sought the following reliefs, amongst others:

(1) An Order of this Honourable Court to confirm ownership of the piece of land to the Plaintiff, having inherited same from his forefathers.

(2) An Order of this Honourable Court restraining the Defendants from further tempering with the land subject of this litigation, pending the final determination of this matter.

(3) Cost of this litigation

​After hearing the case and considering the evidence and addresses of Counsel, the Upper Area Court dismissed the Plaintiff’s case and accordingly entered judgment in favour of the Defendant. An appeal against that decision of the Upper Area Court was successful, and the High Court of Adamawa State, after considering the arguments of the parties, resolved the issues against the Respondents. The judgment of the Upper Area Court No. 1 Yola was set aside with all the consequential orders made thereto and a re-trial was entered before the Upper Area Court No. 2 Yola forthwith.

The Appellant who was the Respondent before the High Court of Adamawa State, was dissatisfied with the decision of the High Court, which has necessitated this very appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this sole issue, which states thus:

“Was the lower (appellate) Court right to hold that the traditional history and evidence adduced by both sides in the case were incredible, improbable, and inconclusive, necessitating the invoking of the Rule in KOJO II VS BONSIE, and setting aside the decision of the trial Court, and ordering a re-trial?”

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:

• APPEAL – UNAPPEALED FINDING(S)/DECISION(S) – Effect of failure to appeal against the finding(s) of a Court
• COURT – APPELLATE COURT – Role of an appellate Court
• EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – Circumstance(s) where the rule in Kojo II v. Bonsie will be applicable in a land matter
• EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – The rule in Kojo II v. Bonsie and instance where the rule will not be applicable
• JUDGMENT AND ORDER – ORDER OF RETRIAL/TRIAL DE NOVO – Instances where an order of retrial will not be made

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