ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO.OF NIGERIA V. THE ATTORNEY-GENERAL OF KADUNA STATE

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…