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OGBONNA & ANOR
V.
KADUNA STATE DEVELOPMENT & PROPERTY COMPANY LTD & ORS

(2013) JELR 35327 (CA)

Court of Appeal 24 May 2013 Nigeria
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- In 1993, the 2nd Appellant was granted a 40-year sub-lease by the 1st Respondent (Kaduna State Property and Development Company Ltd) for land at No. 2 Abubakar Dangiwa Road, Kaduna; this interest was assigned to the 1st Appellant in 1997,

Case Details

Suit Number:CA/K/82/2006
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:G. U. Akobueze Esq. For Appellant For Respondent

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The record of this appeal shows that in 1993, the 2nd Appellant applied to the 1st Respondent for a Plot of land measuring 820m2 at its Narayi High Cost, Barnawa, Kaduna. An offer was made to him for grant of Sub-Lease for a period of 40 years. The 2nd Appellant accepted the offer, paid all the necessary fees and consequent upon which a Deed of Sub-Lease was entered into between him and the 1st Respondent in respect of the said property.

Then, in 1997, the 2nd Appellant assigned the residue of his Sub-Lease to the 1st Appellant who, in turn, entered into a Sub-Lease agreement with the 1st Respondent and has since been paying the ground rents to the 1st Respondent without default. The 1st Appellant thereafter took possession of the said plot of land, fenced it round, started the development of a boy's quarter up to the D.P.C level. While the 1st Appellant was about procuring a gate to seal the entrance to the Plot, …

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