MR. CHARLES OGBONNA & ANOR V. KADUNA STATE DEVELOPMENT & PROPERTY COMPANY LIMITED & ORS

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, …