ALHAJI GONI MADURI V. HON. COMMISSIONER FOR LAND & SURVEY, YOBE STATE & ANOR

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Justice, Yobe State delivered in Suit No. YBS/DT/15/2005, on 20th September, 2005 by B.S. Gujba, J.

The facts leading to the appeal are concisely as follows: The Appellant, as Plaintiff before the trial Court, filed an action wherein he claimed for declarative and injunctive reliefs, as well as damages, in respect of a piece of land measuring 41, 952 square meters. The Respondents, as Defendants, entered unconditional appearance and filed their Statement of defence, thereby joining issues with the Appellant. The suit was thereafter adjourned for mention.

​On 20th September, 2005 when the case came up for mention, the Plaintiff’s Counsel sought an adjournment to argue a motion for the joinder of an additional party to the suit. The Defendant’s Counsel opposed the application and instead, raised a preliminary objection orally to the hearing of the suit, contending that t…