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CSP L.L. ANAGBADO v. ALHAJI IDI FARUK

(2018) LPELR-44909(SC)

In The Supreme Court of Nigeria

On Friday, the 6th day of July, 2018

SC.496/2016


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

CSP L.L. ANAGBADO - Appellant(s)

AND

ALHAJI IDI FARUK - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Land Law
FACTS:
This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 18th day of March, 2011 which affirmed the judgment of the High Court, the High Court of Justice, Kaduna State delivered on 30th September, 2013. The property in dispute or the subject matter of the suit was no.17B Degel 2 Anguwan Rimi, Kaduna. It formed part of the large expanse of property belonging to the Federal Government under the supervision of the Federal Ministry of Works and Housing situate at No.17, Degel 2 Anguwan Rimi, Kaduna. In 1992, the respondent applied for allocation of a piece of land from the Federal Government through the Federal Ministry of Works and Housing. By an offer of leasehold interest dated 1st day of September, 1997, the Federal Government through the Federal Ministry of Works and Housing, offered the respondent leasehold interest in the plot of land which is carved out from the property of the Federal Government situate at No.17 Degel 2, Anguwan Rimi, Kaduna, under certain terms and conditions including the payment of premium and annual grounds rents in the sum of N15,000 and N500 respectively which the respondent accepted and complied with. 

The appellant as an occupier of the property situate at No.17 Degel 2, Anguwan Rimi, took advantage of the policy of alienation of the Federal Government properties for sitting occupier applied to the Implementation Committee of the Alienation of the Federal Government landed properties for allocation of the property being occupied by him. By a letter of offer of leasehold interest dated 29/6/10, the appellant was allocated and granted lease in respect of the developed structures being occupied by him as a sitting tenant which consists of 3 bedroom detached bungalow including 3 bedroom bungalow boys quarters and a garage as clearly spelt out in the letter of offer. When the respondent took possession of the carved out plot allocated to him being No.17B Degel 2, Anguwan Rimi, Kaduna and developed a structure therein, the appellant resisted and insisted that the allocation made to him is inclusive of the carved out plot allocated to the respondent.  

The respondent through a letter dated 20/12/10 sought for clarification as to the validity of the allocation of the carved out plot made to him and the Implementation Committee of the White Paper on the Commission of Inquiry into the alienation of the Federal Government landed property, confirmed the alienation allocation of the said carved out plot i.e No. 17B Degel 2, Anguwan Rimi to the respondent, via a letter dated 23/12/10.  In spite of the above, the appellant did not allow the respondent free access to the plot of land allocated to the respondent as carved out, hence the respondent instituted an action at the High Court of Justice, Kaduna State. At the conclusion of the trial, the learned trial judge entered judgment in favour of the respondent. The appellant being dissatisfied with the judgment of the High Court, unsuccessfully appealed to the Court of Appeal Kaduna division hence an appeal to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Respondent and couched as follows:
A. Whether the lower Court was justified in affirming the decision of the trial Court as it relates the admissibility of and probative value placed on title documents tendered by the respondent and admitted as Exhibits P1 to P8 in proof of the claim of the respondent to title in the disputed property?
B. Whether the lower Court was right in affirming the decision of the trial Court which granted the reliefs sought by the respondent and dismissed the counter claim of the appellant having regard to the totality of the evidence(oral/documentary led by the parties.)

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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