High Court Orders Bokkos Microfinance Bank To Pay N3 Million Compensation To Maram Mavolo As Traditional Land Owner

Yakubu Busari

Plateau State High Court presided over by Justice Godfrey M.Kamyal on 25th of Day of  May ,2022 has ordered that the sum of #3,000,000.00 general damages be given to the family Hosea Maram and Pastor Mathew Maram judgment creditor by Bokkos LGA and Bokkos Microfinance bank ltd as judgment debtor illegal land encroachment and building of Bokkos LGA Secretariat Headquarters and a Microfinance Bank Ltd without the proper channel of compensation to traditional land owners.

On Friday 3rd of December,2021 in a suit No PLD/BLD/12 2010 gave an order to Bokkos LGA , Micro Finance Bank Ltd, and those who encroached into the family land of Hosea Maram , Pastor  Mathew Maram of Maram Mavolo the creditor.

The court order upon the consideration of the notice of preliminary objection filed and dated the 29th day of July ,2021.

And after hearing: Obed Y D Vwamhi Esq for the applicants and M.O Omohwo Esq of counsel to the judgment creditor respondent ;

In his order Justice Kamyal says that it is hereby

IN THE COURT OF APPEAL

Holden at Jos Division on the 7th Day of March, 2014 before their Lorddships :

Tijjani Abdullahi Justice of Appeal Court ,Justice Chioma Nwosu Iheme and Justice Ibrahim Shata Bdliya  on Appeal No .CA/J/101/2013 when Bokkos Local Government Council filed application to appeal the Judgment of Hon. Justice Cristy L.Dabup hereinafter referred to as lower court the respondents who were the Plaintiffs sued in representative capacity the appellant who was the defendant,claiming as follows :

 A declaration that the family of Maram Mavolo is the legal and customary owner of all that piece of land lying and situated at kawal ,Trangol ,behind Bokkos LGA and Bokkos Microfinance .

B, A perpetual injunction restraining the defendant either by itself his agents ,privies or assigns from trespassing ,further trespassing or in any way interfering with the rights of the plaintiff over the property lying and situated at Kawai ,Trangol behind Bokkos LGA Secretariat ,same having not legally acquired from the plaintiff .

C.The sum of #3,000,000.00 general damages .

The Judge said the Plaintiffs inherited the deputed land in 2002 from their father Maram Mavolo who also inherited same from his great grandfather .

According to judgment ,Sometimes in 1982 the defendant trespassed into the plaintiff land and built its Local Government Secretariat thereon .At the time the trespass occurred the land was subject to litigation at upper area court Pankshin which culminated in an appeal to the customary court of Appeal Jos where the matter was sent back for retrial .

“A careful perusal of the previous proceedings (Exhibit D2 ) in relation to the present suit clearly bares out the peculiarities of each case .The submission of the defence at paragraphs 3.4 and 3.5 appear to be misconceived and misguided in that a careful and proper reading of the names of parties and the plaintiffs claims reveal otherwise ,so also the subject of litigation .The court is disposed to agreeing with the plaintiff counsel that the defence of red Judicata “, judgment creditor .