General Cotton Mill Limited Vs Travellers Palace Hotel (2018)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

This Appeal arose from a dispute over a plot of land “situate and lying between Plots 16 and 18 Ridge Road, GRA Onitsha”, and turns on the proper interpretation and application of Section 5 (2) of the Land Use Act, which provides as follows

Upon a grant of a statutory right of occupancy under the provisions of sub-section one of this Section, all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished.

The case for the Respondent, who was Plaintiff at the Anambra State High Court, is that in 1990, the Anambra State Government allocated the land in dispute that is known as “Plot X”, and which is situated between Plots 16 and 18, Ridge Road, to it; and that the said allocation was confirmed by the issuance of a Certificate of Occupancy dated 27/8/1991, which is registered at the Lands Registry, in Awka.

The Appellant, as Defendant, insisted that there was nothing like “Plot X” between the said Plots 16 and 18; that it was

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vested with the same plot at No.18 before the commencement of the Land Use Act, 1978; hence the provisions of its Section 34 are relevant for a proper interpretation of Section 5(2) of the said Act.

The Parties had called one Witness each at the trial, and in his Judgment delivered on 25/2/1997, the learned trial Judge, Nwofor, J., concluded as follows:

I have gone through the evidence of the parties and submission of learned Counsel for both sides and I find as a fact that Plot X granted to the Plaintiff was carved out of Plot 18 for which the Defendant are by virtue of Section 34(2) of the Land Use Act 1978 deemed to be occupiers under statutory grant, Onitsha being an urban area having been in possession since 1973 before the coming into effect of the Land Use Act 1978 – – By virtue of Section 5 (1) – – a Military Governor has power to issue a statutory right of occupancy to a person on application whether the person is already in possession of the land or not. Under Section 5 (2) – -a grant of such a right extinguishes all existing rights – – – Under Section 28 of the Land Use Act, [a] Governor can revoke a grant. Where, however, the grant was made under a mistake of

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fact, the Governor has inherent power to rectify the grant – – – Exhibit D6 reproduced in this Judgment, even though not written by the Governor nor on his authority, admitted that the grant was erroneous and done under a mistaken belief, asked the Defendant to allow the grant to stay. Exhibit D6 did not revoke Plaintiff’s grant. This, in my view, affirms the grant to the Plaintiff and since the rights of the Defendant are deemed to have been extinguished by this grant to the Plaintiff, they no longer have possession or claim over Plot X. The case cited by G.E. Ezeuko, SAN, is no longer the law. I find and so hold that the Plaintiff is entitled by proof to Judgment and I declare:

(a) That the Plaintiff is the holder of the Certificate of Statutory Right of Occupancy in respect of that piece and parcel of land described and more particularly delineated in Survey Plan No. AA/D14/95 and in Survey Plan No. CAI(A) 336, attached to the said Certificate of Statutory Right of Occupancy registered as No. 47 at Page 47 in Volume 1337 at the Lands Registry now at Awka and situate between Plots 16 and 18 Ridge Road, Onitsha.

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(b) That N10, 000.00 damages be awarded against the Defendant – –