The Court of Appeal, Kaduna Judicial Division, has set aside a bench ruling delivered by the High Court of Justice, Kaduna State in a property dispute case involving the Kwara State Government and several other parties.
In the lead judgment delivered by Justice Bitrus Gyarazama Sanga on September 2, 2022, the Court of Appeal allowed the appeal filed by the Kwara State Government, which was the 4th Defendant in Suit No. KDH/KAD/704/2013 before the lower court.
The dispute centered around the ownership of a property located at No. 3 Imam Road, Kaduna. The 1st Respondent, the Niger State Government, had instituted the suit against the Kwara State Government and other parties, seeking several declaratory reliefs, including a declaration that it is the legal and rightful owner of the property, and damages for trespass.
The Kwara State Government had filed a motion on notice seeking to dismiss the suit on the grounds that it was statute-barred, having been filed more than 10 years after the cause of action arose. According to the Kwara State Government, the cause of action arose on February 18, 2000, when the property was allegedly transferred to the 2nd Defendant by the Chairman of the Estate Management Committee of the Kwara State Government.
The lower court, in its bench ruling delivered on November 17, 2014, dismissed the motion for lack of merit. However, the Court of Appeal held that the suit was indeed statute-barred under Section 4 of the Limitation Law of Kaduna State, which prescribes a limitation period of 10 years for actions seeking to recover land.
The Court of Appeal found that the suit was not filed until July 30, 2013, more than 13 years after the cause of action arose, and therefore, the lower court lacked the requisite jurisdiction to adjudicate on the matter.
Consequently, the Court of Appeal set aside the bench ruling of the lower court and dismissed the suit filed by the Niger State Government.
Justices Amina Audi Wambai and Mohammed Baba Idris agreed with the lead judgment.
Agreeing with the submissions of Tajudeen O. Oladoja (SAN) of learned senior counsel to the Kwara State Government, the Court of Appeal found in favor of the Kwara State Government and set aside the lower court’s ruling.
The 4th Respondent was represented by S. A. Ibrahim. The other parties were not represented.