Mr. Abdul Rahmon Adisa Adagun & Ors v. Abdulrahman Satumari & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Jos Division, delivered on the 22nd day of October, 2014, wherein the appellant’s appeal against the judgment of the trial court was by a unanimous decision of the lower court dismissed.

The claim of the appellant as plaintiff at the trial court as per the writ of summons taken out on the 28th day of November, 2005 reads as follows:

“1. A declaration that the piece of land i.e., plot No. 10 covered by Certificate of Occupancy No. BO/7505 dated 11th day of May, 1989 along Lagos Street, G.R.A Extension, Maiduguri is the bonafide property of the plaintiff.

2. A declaration that the 1st defendant’s action in trespassing and erecting a building on the said piece of land is wrongful, unlawful and that the sacred principle of quid quid solo solocedit applies against the 1st defendant in favour of the plaintiff.
3. A declaration that the 2nd – 4th defendants cannot lawfully and legally revoke the right of the plaintiff under the said C of O and confer same right on the plaintiff.
4. An order directing the 1st defendant to vacate the said plot, remove all the debris from the said plot, and same be conferred on the plaintiff.
5. An order of perpetual injunction restraining the defendants jointly and severally from any further trespass into the said plot till the determination of the matter.
6. The plaintiff claims general damage for trespass to plaintiffs said property by the 1st defendant and the cost of this suit.”

Just by way of brief summary of facts grounding this appeal, the appellant who was a Judge of the High Court of Justice, Borno State, on the 17th day of November, 1981 applied to the Borno State Government for the grant of a right of occupancy over any appropriate parcel of land in Maiduguri.

The appellant stated in his application that if offered, he would develop the land within 3 months from the date of the grant, and erect thereon, property worth N100,000 within 9 months of the aforesaid grant.

Consequently, the appellant was granted right of occupancy on the 29th day of December, 1981 with the express and implied covenants relating to payment of rents by the appellant yearly and to erect building on the land worth N100,000 within 2 years of the grant of the right of occupancy.

The appellant accepted the terms and conditions and on the 11th day of May, 1989, he was issued certificate of Occupancy No. BO/7505 over the land subject of this appeal. The appellant’s Certificate of Occupancy also contained other fundamental terms and conditions relating to rent, improvement, value of improvement, duration for carrying out the covenanted improvement and effect of failure to pay rents or make timely improvements in accord with the terms of the agreement.

After the grant of the right and Certificate of Occupancy, the appellant stopped paying rents to the 2nd – 4th respondents from the year 2000, the appellant also failed to make improvements on the land as stipulated in the certificate of occupancy. The appellant having breached the covenanted terms and conditions of the certificate of occupancy the 2nd – 4th respondents revoked the certificate of occupancy, pursuant to section 28(5) (a) and (b) of the Land Use Act, 1978.

On the 8th November, 2005, the 2nd – 4th respondents issued to the 1st respondent grant of right of occupancy over plot 10 on BOTP/86 No. BO/54176, the land subject matter of this appeal with terms and conditions that the 1st respondent shall pay rents and develop the land within two years therefrom. In compliance with the said conditions, the 1st respondent erected 3 buildings worth N30 million naira on the land in dispute, using same development to promote tourism in the state.

The appellant felt aggrieved by the action of the 2nd to 4th respondents revoking his right over the land and the certificate of occupancy. He commenced action at the High Court of Justice Maiduguri via writ of summons, setting out the claims earlier stated in this judgment.

On the 30th day of April 2007, the trial court dismissed the appellant’s claim and entered judgment in favour of the respondents. The appellant became further aggrieved and lodged an appeal at the lower court, the Court of Appeal Jos Division.

The lower court also in its judgment delivered on the 18th day of December, 2014, dismissed the appellant’s appeal, and affirmed the decision of the trial court. The decision of the lower court therefore nettled the appellant who further appealed to this court on the 14th day of March, 2014 via notice of appeal containing seven grounds of appeal. Appellants brief of argument was filed on the 28th day of April, 2023 by learned counsel Adewunmi R. Fatunde, Esq. In the appellant’s brief of argument, learned counsel nominated and argued seven issues for determination, the issues are reproduced as follows:

“(a) Whether the Court of Appeal did not breach the appellant’s right to fair hearing when the appellant’s issues No. 3 and 4 for determination (sifted from grounds b, c and d of the notice of appeal) were not considered and pronounced upon at all and or properly, held to be of no moment but academic, otiose and unnecessary?