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THE GOVERNOR OF KADUNA STATE & ANOR V. MR. A. A. DADA

(1986) JELR 42588 (SC)

Supreme Court  •  SC.108/1985  •  19 Sep 1986  •  Nigeria

Coram
MOHAMMED BELLO JSC KAYODE ESO JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC BOONYAMIN OLADIRAN KAZEEM JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC

Appearances
A. Yahaya, Solicitor-General, Kaduna State (C.R. Nyam (Mrs.) Director of Civil Litigation) For the Appellant; J. B. Majiyagbe, S.A.N. with N. Ahmed and Dr. F. Oguntoye For the Respondent.

Judgement

KAZEEM, J.S.C. (Delivering the Leading Judgment): This is an appeal by the Government of Kaduna State of Nigeria (hereinafter referred to as "the Appellants") against the decision of the Court of Appeal in Kaduna dated 30th Novemher 1984 in which that Court inter-alia declared as invalid, unlawful, null and void, and of no effect whatsoever, the purported revocation in respect of the Certificate of Occupancy No.6483 dated 8th May, 1954 granted to one Mr. A. A. Dada (hereinafter referred to as the Respondent). In order to fully appreciate the whole situation, it is not only important, but necessary to set out briefly the facts of the whole case thus:

By a Certificate of Occupancy No. NC6483 dated 8th May, 1954 (Exh.1) the Appellants granted a statutory right of Occupancy to the Respondent in respect of No.6 Ahmadu Bello Way (Formerly No.6 Prince Edward Way) Kaduna for a term of 40 years with effect from 25th June, 1954 and at a rental of 27. 6pounds (now N54.60k) per annum. Apparently,…

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