ENGINEERING ENTERPRISE OF NIGER CONTRACTOR COMPANY OF NIGERIA
V.
AG KADUNA STATE

(1987) JELR 42684 (SC)

Supreme Court 8 May 1987 Nigeria
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- The plaintiff's right of occupancy for a piece of land was revoked by the military administrator of Kaduna state. - The judgment of the High Court of Kaduna State was missing and could not be produced in the Court of Appeal. - The Court o

Case Details

Suit Number:SC.2/1986
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOOYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Mr. J. O. Ijaodola with Akin Osewa For Appellant H. N. Donli (Mrs.), Attorney-General, Kaduna State with D. Jaafary, State Counsel II For Respondent
Other Citations:(1987) 2 NWLR (Pt. 57) 381, Engineering Enterprise v. A-G., Kaduna (1987) 2 NWLR (Pt.57) 381 (2987) All N.L.R 396 (1987) 5 S.C 27

BELLO, CJN (PRESIDING AND DELIVERING THE LEADING JUDGMENT): The material facts and the circumstances for the determination of this appeal are simple and undisputed. In 1971, the military governor of Kaduna state granted to the plaintiff the right of occupancy under the certificate of occupancy No.14438 for a piece of land situated in Kaduna South for a period of 99 years. Between 1976 and 1978 the UTC, acting in accordance with an arrangement between it and the plaintiff, developed the land to the tune of well over 700,000. By the revocation order of 13th February 1979, the military administrator of Kaduna state revoked the grant on the purported ground that the Plaintiff had failed to comply with the conditions of the grant.

Consequently, the plaintiff instituted a suit in the High Court of Kaduna State. The writ reads:

"The plaintiffs claim against the defendant is for declaration that the purported revocation of the plaintiff's right of occupancy No N.C. 14438 over a piece of land a…

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