Mallam Mala Gadzama & Anor V. Colonel Garba Adamu & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Moh’d Mustapha, J., sitting in the High Court of Justice, Borno State holden at Maiduguri, delivered judgment in favour of Colonel Garba Adamu (Rtd) “the respondent” against (1) Mallam Mala A. Gadzama (2) Hajiya Yagana Alkali Muazu (3) the Honourable Commissioner for Lands and Survey, Borno State and (4) Hon. Attorney-General, Borno State as defendants, called “the appellants” in this appeal.

The subject matter in dispute was a burnt down property No.F11 Bama G.R.A., Maiduguri, Borno State belonging to the Borno State Government. The respondent and the 1st appellant claimed they had at one time or the other, purchased the property from the Borno State Government. Each claimed to be entitled to a statutory Certificate of Occupancy from the Borno State Government.

According to the respondent the transaction started in April, 1997 when he paid N2,000.00 for the processing of the documents relating to the purchase of the property. Paragraphs 17-23 of the Statement of Claim pleaded the genesis of the dispute that led to the institution of this suit at the lower Court to be as follows:

“17. The plaintiff contends that the grant of Certificate of Occupancy over the property now in dispute to the 1st defendant in BO/43583 is unlawful, ill advised, null and void and of no legal effect.

PARTICULARS:

(a) The plaintiff had already paid N60,000 for the land since 1998 following an earlier evaluation by Government.

(b) Plaintiff’s application has been processed for approval.

(c) Misinformation to Governor that property was undervalued for plaintiff.

(d) Undue influence on Governor that not granting land to 1st defendant will embarrass her.

(e) No Notice to plaintiff that land has been re-valued at N95,000 and should pay the balance of N35,000.

(f) No information to Governor by Secretary that BO/40246 is an earlier application than BO/43583.

(g) No notice to plaintiff that land has been granted to the 1st defendant.

(h) No refund of the N60,000 earlier paid by the plaintiff since 1998.