KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgement): This appeal is against the judgment of the Court of Appeal Kaduna Division, delivered on 22nd March 2013 affirming the judgment of the High Court of Kano State delivered on 28th June 2011 granting the reliefs of the 1st respondent.
The facts that gave rise to the appeal are as follows:
Sometime in 1987, the 2nd appellant applied to the 2nd respondent for a plot of land for the construction of a filling station. In 1988, he was accordingly allocated a commercial plot situate at Trade Fair Complex Ground, Taruni District of Taruni Local Government Council of Kano State. Sometime in 1996, the 1st appellant applied for an extension of the plot granted to the 2nd appellant to include an adjoining plot of land. The application was refused by the 2nd respondent on the ground that there was an access road that passed through the land. It was the appellants' contention that following advice from a member of staff o…