Csp L.l. Anagbado V Alhaji Idi Faruk (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 18th day of March, 2011 which affirmed the judgment of the trial Court, the High Court of Justice, Kaduna State delivered on 30th September, 2013.

FACTS

The property in dispute or the subject matter of this suit is no.17B Degel 2 Anguwan Rimi, Kaduna. It forms part of the large expanse of property belonging to the Federal Government under the supervision of the Federal Ministry of Works and Housing situate at No.17, Degel 2 Anguwan Rimi, Kaduna.

In 1992, the respondent applied for allocation of a piece of land from the Federal Government through the Federal Ministry of Works and Housing.

By an offer of leasehold interest dated 1st day of September, 1997, the Federal Government through the Federal Ministry of Works and Housing, offered the respondent leasehold interest in the plot of land which is carved out from the property of the Federal Government situate at No.17 Degel 2, Anguwan Rimi, Kaduna, under certain terms and conditions including the payment of

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premium and annual grounds rents in the sum of N15,000 and N500 respectively which the respondent accepted and complied with.

The appellant as an occupier of the property situate at No.17 Degel 2, Anguwan Rimi, took advantage of the policy of alienation of the Federal Government properties for sitting occupier applied to the Implementation Committee of the Alienation of the Federal Government landed properties for allocation of the property being occupied by him.

By a letter of offer of leasehold interest dated 29/6/10, the appellant was allocated and granted lease in respect of the developed structures being occupied by him as a sitting tenant which consists of 3 bedroom detached bungalow including 3 bedroom bungalow boys quarters and a garage as clearly spelt out in the letter of offer. When the respondent took possession of the carved out plot allocated to him being No.17B Degel 2, Anguwan Rimi, Kaduna and developed a structure therein, the appellant resisted and insisted that the allocation made to him is inclusive of the carved out plot allocated to the respondent.

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The respondent through a letter dated 20/12/10 sought for clarification as to the validity of the allocation of the carved out plot made to him and the Implementation Committee of the White Paper on the Commission of Inquiry into the alienation of the Federal Government landed property, confirmed the alienation allocation of the said carved out plot i.e No. 17B Degel 2, Anguwan Rimi to the respondent, via a letter dated 23/12/10.

In spite of the above, the appellant did not allow the respondent free access to the plot of land allocated to the respondent as carved out, hence the respondent instituted an action at the High Court of Justice, Kaduna State (the Trial Court).

At the conclusion of the trial, the learned trial judge entered judgment in favour of the respondent.