Commissioner Of Health, Nasarawa State & Ors V. Dr. Michael Klinlong Dadet (2009)

LawGlobal-Hub Lead Judgment Report

ABUBAKAR DATTI YAHAYA, J.C.A.

Dr. Michael Klinlong Dadet, the respondent in this appeal, was the plaintiff at the trial High Court, Lafia, where he instituted an action against the appellants in this appeal. In his original statement of claim, he prayed for three reliefs. However, in his further amended statement of claim, he added more prayers, bringing them to nine. They are-

“a A declaration that the plaintiff is the lawful registered title owner of that parcel of land- measuring about 0.27Ha and situated along Lafia Shendam Road in Lafia L.G.C. and covered by a land Certificate of Occupancy No. PL 7228 and as such the forceful and wrongful entry and -demolition of the plaintiff’s structure on the land by the defendants (without following the due process of the law) is unlawful and unconstitutional.

b. An order of this Honourable Court for perpetual injunction restraining the defendants either by themselves or through their agents from further and/or continous act of trespassing on the plaintiff’s land situated along Lafia – Shendam Road in Lafia L.G.C., the subject matter of this suit; OR ALTERNATIVELY

The value of the plaintiff’s land situated along Lafia – Shendam Road in Lafia L.G.C., the subject matter of this suit valued at N2 million.

c. The current value as at 20/12/2000, of the development on the disputed land which was valued on the 7th January 1992 at N954,720.00 by the principal estate officer in the then Ministry of Lands, Survey and Town Planning has appreciated to two million Naira (N2 million).

d. The cost of this suit, to wit payment of professional fee to legal practitioner Eighty thousand Naira (N80,000.00).

e. Payment for approval of building plan Two thousand Naira (N2,000.00).

f. Cost of expert estate valuer reassessing the valuation report carried out on the disputed land, dated 7th January 1992 Twenty Four Thousand Naira (24,000.00).

g. General damages -N894,000.00 Total- Five Million Naira (5,000,000.00).

h. 20% interest from the 20-11-2000 until the day judgment is entered.

i. 10% interest from the date of judgment until the entire- judgment sum is liquidated.”

Briefly, the facts of the case are: The respondent was allocated the land in question, at Lafia, following his application to the Bureau for Lands and Surveys in the former Plateau State. He was also issued with Right of Occupancy. He commenced development but was approached by the Health Management Board, which indicated its interest in the land. When the issue of compensation arose, the estate surveyors of the Ministry of Survey and Town Planning of the then. Plateau State, made two assessments in 1988 and 1991. As it was unable to meet the amount of compensation assessed, the Health Management Board lost its interest in the land. But in May 1988 ADKAN NIGERIA LIMITED, the agent of the Health Management Board -entered into the premises in question, destroyed the structures put up by the respondent, and took over the land to extend the Specialist Hospital it was building. When letters of protests by the respondent were ignored by the appellants, he went to court, and the trial was on the basis of his Further Amended Statement of Claim. The appellants filed an Amended Joint Statement of Defence and a counterclaim.

The respondent filed a defence to the counter-claim. He called 3 witnesses including himself and tendered 12 exhibits. The appellants called three witnesses who testified. At the end of the trial, the High Court Lafia, hereafter called the trial court, found for the respondent, and made the following Orders:-