Alhaji Dahiru Saude V. Alhaji Halliru Abdullahi (1989)

LawGlobal-Hub Lead Judgment Report

UWAIS, J.S.C. 

This case was commenced on the 18th day of February , 1981 in the High Court of Kaduna State by the respondent, as plaintiff, applying exparte under Order 1 rule 2(3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, S.1 (1) of 1979, for an order to enforce his fundamental right under the Constitution of the Federal Republic of Nigeria, 1979. The application was granted by the High Court. Thereafter the plaintiff took out an originating summons under Order 2 rule 1(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 which states-

“1. (1) When leave has been granted to apply for the order being asked for, the application for such order must be made by notice of motion or by originating summons to the appropriate court, and unless the court or Judge granting leave has otherwise directed, there must be at least eight clear days between the service of the motion or summons and the day named therein for the hearing. Form No.1 or 2 in the Appendix may be used as appropriate.”

In the originating summons the plaintiff asked for the following reliefs against the Governor and Attorney-General of Kaduna State, as 1st and 2nd 398 Nigerian Weekly Law Reports 18 September 1989 (Uwais, J.S.C.) defendants respectively, and against the appellant herein, as 3rd defendant –

(1) A declaration that the purported revocation by the first defendant of the plaintiff’s Statutory Right of Occupancy No. NC.5200 dated the 26th March, 1979 and Registered as No. KDR.74 at Page 74 Volume 15 (Certificate of Occupancy) (sic) of the Lands Registry in the Office at Kaduna is invalid, void and of no effect whatsoever and should accordingly be set aside.

(2) A declaration that Section 34(2)(c) of the Land Tenure Law (Cap. 59) Laws of Northern Nigeria (As applicable in Kaduna State) under which first defendant revoked the plaintiff’s said Certificate of Occupancy does not confer on the defendant the power to effect such a revocation because the facts and reasons upon which the first defendant based the said revocation are not within the contemplation of Section 34(2)(c) of the Land Tenure Law Cap. 59 aforesaid.

(3) A declaration that the purported revocation of the plaintiff’s said Certificate of Occupancy without compensation is inconsistent with and contravention of the provisions and intendment of Section 40(1)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1979.

(4) A declaration that the reasons given or the revocation as contained in the Revocation Order (sic) dated 28th day of November, 1980 and registered as No.KDR.75 at page 75 in Volume 28 (Miscellaneous) of the Kaduna State Land Registry in the Office at Kaduna are invalid as they do not fall within the reasons set out in Section 28(1)(b); and Section 50(1) of the Land Use Act, 1978 and/or Section 2 and 34(1) and (2) of the Land Tenure Law Cap. 59 Laws of Northern Nigeria applicable to Kaduna State. Alternatively and or Section 40(2) of the Constitution of the Federal Republic of Nigeria, 1979. And seeks an order of the court in the following terms namely:

(5) An order restraining the defendants, their agents, servants, privies or anyone acting by any authority express or implied of the defendants from taking possession of or doing any act inconsistent with or contesting with rights and interest of the plaintiff over the land subject of the aforementioned Certificate of Occupancy. Or alternatively seeks an order of the court in the following terms; namely:

(6) An order that the plaintiff be adequately compensated by the defendants in the sum of N50,000.00 it being a fair, reasonable and just compensation for the compulsory acquisition of the said plaintiff’s landed property covered by and subject of Occupancy No. NC.5200 dated 26th March, 1979.” No oral evidence was adduced by any of the parties at the hearing of the originating summons. Instead the case was contested on the affidavit and counter-affidavits filed by the plaintiff and 1st, 2nd and 3rd defendants respectively.

The facts as deposed in the affidavit and counter-affidavits and which were not generally in dispute are as follows-

The plaintiff, on the 5th day of August, 1976 applied on two separate application forms to the Ministry of Lands and Surveys of former Kaduna State for the grant of statutory right of occupancy in respect of 2 plots of land situate at Katsina town. The plots were numbered as plots K.29 and K.30. In the application forms, the plaintiff indicated that plot No.K.29 was required for the purpose of setting up a garage and a metal structure while plot No.K.30 was to be used in establishing a factory for the manufacture of floor tiles. The applications were accompanied with the necessary fees, for which a single Revenue Collector’s Receipt No. 430607 of 18th August, 1976 was issued to the plaintiff. Two years later the plaintiff received a letter dated the 6th September, 1978 stating that his application in respect of plot No. K.29 had been approved for the grant of a Certificate of Occupancy bearing No. NC.4294. Another letter dated the 19th October, 1978 conveying the grant of right of occupancy to the plaintiff on plot No. K.30 was received by the plaintiff. The grant was in terms of Certificate of Occupancy No. NC.5200. Both grants of right of occupancy were accepted by the plaintiff in his two letters to the Permanent Secretary, Ministry of Lands and Surveys, Kaduna State, which were dated the 15th September, 1978 and 27th October, 1978.

Whilst the plaintiff’s applications were being processed by the Ministry, the numbers of the plots were changed. Plot No. K.29 became plot No. 8 and plot No. K.30 became plot No.9. Certificate of Occupancy No. NC.5200 in respect of plot No.9 was issued to the plaintiff in March, 1979 and Certificate of Occupancy No. NC.4294 was issued in July, 1979. Building plans for the development of the plots were submitted by the plaintiff to Town Planning Authority which approved them. Consequently. the plaintiff commenced development on plot No.9. He expended the sum of about N45,000.00 by the and day of December, 1980.

On his part, the 3rd defendant applied to the Ministry of Lands and Surveys, Kaduna State, on the 13th day of February, 1976 for a right of occupancy over a piece of land in Katsina town, known as plot No. K.32 which was situated at Katsina Industrial Layout. He indicated in the application that he needed the plot for the purpose of setting up a soap manufacturing factory. He paid the appropriate fees for the application and a Revenue Collector’s Receipt No. NC.201795 dated 13th February. 1976 was issued to him.