FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division (“the court below’ for short) delivered on 30 October 2000. Therein, the judgment of the High Court of Justice of Sokoto State (“the trial court” for short) delivered on 13 May 1996 was set aside. The appellant decided to appeal to this court.
It is apt to state the facts of this matter briefly. In December 1994, the appellant by a motion ex parte applied to the trial court for leave to enforce his fundamental rights which he felt was breached bythe respondents when his movable and immovable properties situate at Kofar Kade, Kara
Market in Sokoto metropoliswere compulsorily acquired by the then Military
Governor of Sokoto State. On 9 December 1994, the trial court granted leave to the appellant to enforce his fundamental rights consequent upon which he filed a motion on notice praying the court for the following reliefs: 1. A declaration that the purported acquisi…