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ADENE & ORS.
V.
DANTUNBU

(1994) JELR 43373 (SC)

Supreme Court 25 Feb 1994 Nigeria
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- The case involves a dispute over a piece of land in Kaduna State, Nigeria. - The 1st appellant applied for and was granted a right of occupancy on the land to build a hotel. - The respondent, however, claimed that the land was previously

Case Details

Suit Number:SC.41/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:K. Adeluola G.B. Kore, Senior State Counsel, Ministry of Justice, Kaduna State For Appellant B.A. Ebenezer For Respondent
Other Citations:Adene v. Dantunbu (1994) 2 NWLR (Pt.328)509 (1994) 2 SCNJ 130

UWAIS, J.S.C. (Delivering the Leading Judgment): The 1st appellant was the plaintiff in the High Court of kaduna State, holden at Kaduna. The respondent was the defendant to the action brought by the 1st appellant. By application made by the respondent, the 2nd to 5th appellants were joined as co-defendants to the respondent.

The fact of the case are as follows:

The 1st appellant applied to the 2nd appellant on the 6th day of August, 1981 by a letter - Exhibit A for the grant of a piece of land to build an hotel thereon. The application was granted as per a letter- Exhibit B, dated the 14th day of April, 1983.

On meeting the conditions stated by Exhibit B, the 1st appellant was issued a certificate of occupancy No. NC 8128 - Exhibit C, the terms of which granted right of occupancy to the 1st appellant on the land in dispute for a period of 40 years commencing from the 14th day of April, 1983. Consequently, the 1st appellant applied to the Kaduna Capital Development Board for permissio…

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