Alhaji Uban Kari V. Alhaji Isa Abba Ganaram & Ors (1997)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C.

Alhaji Isa Abbaganaram, sometime in May 1983 applied to the Ministry of Land and Survey of Borno State for the grant of a temporary right of occupancy in respect of a piece or parcel of land situate at Maiduguri.

After inspection of the said land by officials of the Ministry had shown the land was vacant, the Permanent Secretary on 10th June 1983 by a letter Reference No. TC/I/22 approved the application and granted Alhaji a temporary right of occupancy over the land. Following the approval of his application Alhaji Isa went on the land, cleared it of woods and shrubs, filled it with sand, connected pipe-borne water to the land and erected a reservoir on it with a view to carrying on a car-wash business on the land. He started the business in 1983. He discontinued with the business sometime in 1984-1985 due to water shortage.

Now Alhaji Uban Kari applied, in 1985, to the Ministry for the grant of a right of occupancy in respect of the said land. By a letter dated 29th January 1986 the Commissioner for Land and Survey granted to him a right of occupancy No. BO 12973 over the land situate along Barna Road in Maiduguri and measuring about 1115 square metres. Alhaji Kari submitted to the Ministry for approval a plan of his proposed building.

The plan was approved on 12th February 1986. The plan was demarcated and surveyed by the State’s Surveyor-General and a survey plan signed by the said Surveyor-General on 18th March 1986, was produced. Alhaji Kari paid all necessary fees totalling N1,575.10. Alhaji Kari commenced his building operations on the land and completed the first phase which he occupied.

By a letter Ref. No. B0/12973/30 dated 17th June 1986 the right of occupancy granted to Alhaji Kari was revoked. Alhaji Kari by letter dated 25th June 1986 protested against the revocation and when it appeared he was going to be displaced he instituted the action leading to this appeal claiming:-

“1. A declaration that the purported revocation of the Right of Occupancy No. 12973 as contained in the letter Reference No. BO/12973/30 of 17th June, 1986 is null and void.

2. An injunction restraining the defendants jointly and severally from taking possession and/or occupying the said land and premises covered by the said Right of Occupancy No. BO/12973.
3. General Damages:

Alternatively, the plaintiff claims an alternative land and the sum of N55,075.84 being special damages for wrongful revocation of the plaintiff’s Right of Occupancy No. BO 12973 granted to him which the second defendant after approbating has again sought to reprobate.

PARTICULARS

(a) Value of improvements already

carried out on the land covered

by the Right of Occupancy N53,000.00

(b) Payment made and received by

the Government of Borno State in