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ALHAJI UBAN KARI V. ALHAJI ISA ABBA GANARAM & ORS

(1997) JELR 45242 (SC)

Supreme Court  •  SC.131/1994  •  14 Feb 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): Alhaji Isa Abbaganaram, sometime in May 1983 applied to the Ministry of Land and Survey of Borno State for the grant of a temporary right of occupancy in respect of a piece or parcel of land situate at Maiduguri. After inspection of the said land by officials of the Ministry had shown the land was vacant, the Permanent Secretary on 10th June 1983 by a letter Reference No. TC/I/22 approved the application and granted Alhaji a temporary right of occupancy over the land. Following the approval of his application Alhaji Isa went on the land, cleared it of woods and shrubs, filled it with sand, connected pipe-borne water to the land and erected a reservoir on it with a view to carrying on a car-wash business on the land. He started the business in 1983. He discontinued with the business sometime in 1984-1985 due to water shortage.

Now Alhaji Uban Kari applied, in 1985, to the Ministry for the grant of a right of occupancy in respec…

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