Whether revocation of right of occupancy can be made contrary to Sections 28 and 44 of the Land Use Act?

CASE TITLE: ABDULKADIR & ANOR v. MOHAMMED (2020) LPELR-52351(CA)

JUDGMENT DATE: 18TH DECEMBER, 2020

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: ABDULLAHI MAHMUD BAYERO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Declaration of Title to Land.

FACTS

By a writ of summons dated 20th May, 2014 and filed on 23rd May, 2014, the Respondent as Plaintiff before the trial Court instituted the Suit No. ADSY/63/2014 against the Appellants as defendants claiming for:-

a) A Declaration that the Plaintiff is the lawful owner of a piece of land measuring about 2,400 square meters lying and situate at plot No. 17 ‘A’ Road based on MISC 9 Dougirei, Yola-Jimeta Sheet, covered by C of O No. GS/9/156

b) Perpetual injunction restraining the Defendants by themselves, their agents, servants, privies and any person(s) deriving title through them from committing further trespass on the Plaintiff’s land lying, being and situate at plot No. 17 ‘A’ Road based on MISC 9 Dougirei, Yola-Jimeta sheet covered by C of O No. GS/9156

c) N2,000,000.00 as damages for trespass

d) Further and better relief.

Issues were joined by the parties. At the end of the trial, the trial Court delivered Judgment in favour of the Respondent as the lawful owner of the disputed land.

Dissatisfied, the Appellants appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The appeal was determined on the following issues:

1. Whether the revocation of the Respondent’s Certificate of Occupancy to the disputed land was done in accordance with the Land Use Act.”

2. “Whether having regard to the evidence before the trial Court the Appellants have proved their title to the disputed land to warrant the Court to enter Judgment in their favour.

DECISION/HELD

On the whole, the Court of Appeal held that the appeal lacked merit and it was accordingly dismissed.

RATIOS:

• LAND LAW- REVOCATION OF RIGHT OF OCCUPANCY: Effect of revocation of right of occupancy made contrary to provisions of the Land Use Act
• LAND LAW- DOCUMENT OF TITLE: Effect where party who relies on document of title fails to produce same
• COURT – RAISING ISSUE(S) SUO MOTU: Instance when a Court cannot be accused of raising issue suo motu