ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kaduna State High Court of Justice delivered on the 31st May 2006 by Bashir Sukola J.
The brief facts of the case are that the Plaintiff/Respondent was allocated a plot of land by the Kaduna North Local Government, on 26th day of August, 1978 located at No. E. E. 10 Unguwar Dosa Kaduna. He was issued with a certificate of occupancy No.010243 and has a file No.LAN/Q/655. The plot measure 50ft by 100ft. The plot has boundary with plot EE9, EE 11, Lere road and at the back with Plot EE 10A Unguwar Dosa.
The Plaintiff/Respondent said he mortgaged the property to the Bank of the North, Kano Branch and that he developed it with the proceed from the mortgage loan. After conclusion of the building, the Plaintiff/Respondent had a serious motor accident which kept him in hospital for several months and was later taken to his hometown for further medical care. The Plaintiff/Respondent alleged that…