Governor of Ogun State V. Mr. Adegboyega Adebola Coker (2007)
LawGlobal-Hub Lead Judgment Report
JOHN AFOLABI FABIYI, J.C.A.
This is an appeal against the judgment delivered by Mabogunje, J. while sitting at the High Court of Justice, Abeokuta in Ogun State of Nigeria on 13th January, 1999.
At the trial court, the respondent herein, as plaintiff, caused his suit against the appellant herein as defendant, to be instituted by originating summons in which he sought for the determination of the following question:
“Whether the Notice of Revocation of the Plaintiffs Statutory Right of Occupancy over that piece or parcel of land situate, lying and known as Plot 27C, Block XVIIB, Amendment to G.R.A. Core Area, Ibara, Abeokuta Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta constitutes a valid Notice in accordance with the provisions of the Land Use Act, Cap 202 Laws of the Federation of Nigeria, 1990.”
He maintained that if the answer to the above question is in the negative, he seeks the following reliefs:
“1. A declaration that the purported revocation of the Plaintiffs Statutory Right of Occupancy over and in respect of the piece or parcel of land situate, lying and known as Plot 27C Block XVIIB Amendment to G.R.A. Core Area, Ibara, Abeokuta, Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta is irregular, unlawful, unconstitutional, null and void and of no effect whatsoever.
- An order setting aside the purported revocation of the Plaintiffs Statutory Right of Occupancy over and in respect of the piece or parcel of land situate lying and known as Plot 27C Block XVIIB Amendment to G.R.A. Core Area, Ibara, Abeokuta, Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta.
- Perpetual injunction restraining the defendant, his agents, servants or privies from giving effect or further effect to the revocation order.”
The respondent relied on a 13-paragraph affidavit as well as a 12-paragraph Reply to Counter affidavit in his effort to prop his case. A counter-affidavit of 21 paragraphs was filed on behalf of the defendant at the trial court.
Put succinctly, the respondent as plaintiff, maintained that sometime in 1987, he was granted a Statutory Right of Occupancy over and in respect of a piece or parcel of land situate, lying and known as plot 27C Block XVIIB, Amendment to G.R.A., Core Area, Ibara, Abeokuta, Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta. The Certificate of Occupancy issued to the respondent is Exhibit ‘TC1’.
In August 1998, the respondent became aware of a publication contained in the Daily Sketch of Monday, June 1, 1998 to the effect that his Statutory Right of Occupancy over the piece or parcel of land covered by Exhibit ‘TC1″ had been revoked by the appellant. He maintained that no notice of revocation was served on him. He asserted that Exhibit D issued by the appellant which he referred to as the purported letter of revocation relates to a different piece or parcel of land situate, lying and known as plot 27C Block XVIID, G.R.A. Ibara, Abeokuta; which he discountenanced when he received same.
The respondent said that he spent huge sums of money on the land by fencing it round with blocks, fixed iron gates thereon and employed a gardener to clear it of weeds at all times and arranged for the commencement of the construction of a building on the land.
The defendant, on his part, claimed that a notice of revocation of the Certificate of Occupancy over the piece of land – Exhibit D attached to the counter-affidavit was served on the plaintiff by pre-paid registered post to the address furnished by him. It is extant in Exhibit D that the Certificate of Occupancy which was revoked is in respect of ‘Plot 27C Block XVIID, G.R.A. Ibara, Abeokuta’ and not over ‘Plot 27C, Block XVIIB Amendment to GRA, Core Area, Ibara, Abeokuta’.
The defendant maintained that the plaintiff breached a condition of the grant of the piece of land made to him by failing to complete a building approved by the Lands Officer within two years and same precipitated the order of revocation issued to the plaintiff – Exhibit D.
The learned trial judge was addressed by learned counsel for both parties. In the reserved judgment entered on 13-1-99, the learned trial judge found in favour of the plaintiff that no valid notice of revocation of the Statutory Right of Occupancy over and in respect of Plot 27C Block XVIIB Amendment to G.R.A. Core Area, Ibara Abeokuta was served on the plaintiff. The learned trial judge then ordered that-
“1. The purported revocation of the plaintiffs statutory right of occupancy over and in respect of the piece or parcel of land situate, lying and known as Plot 27C Block XVIIB Amendment to G.R.A. Core Area, Ibara, Abeokuta, Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of Land Registry in the Office at Abeokuta is null and void and of no effect whatsoever.
Leave a Reply