SENATOR IDRIS SAMAHO V. POWER HOLDING COMPANY OF NIGERIA & ANOR

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over the judgment of the High Court of Kaduna State (the lower Court) in a land matter. The Respondents i.e. Power Holding Company of Nigeria Plc. and Transmission Company of Nigeria Ltd. were the plaintiffs at the lower Court. Their case at the lower Court is that the land in dispute known as Mando Transmission Station located at Mando Expressway, Kaduna, was acquired by the Federal Government of Nigeria to build a 132 KV Transmission Station. The land was vested in the National Electric Power Authority (NEPA) now defunct. Pursuant to the National Electric Power Sector Reform Act, the assets and liabilities of the defunct NEPA were transferred to the Respondents. The land in dispute is criss-crossed by 132 KV High Tension cables and Towers. On 12/7/10, the staff of the Respondents noticed some persons carrying out construction work on a portion of the land. The persons informed the Respondents that …