By Ahmid Lawal
A Kaduna High Court has revoked the Certificate of Occupancy (C of O) No. NC5227 issued by the state government to Alhaji Aliyu Abubakar in Chikun local government area of the state, who in turn sold the same land to the first defendants, Dantata & Sawoe.
Justice M.L. Bello, in his judgement delivered recently on suit No.
KDH/KAD/329/2015, said that the case filed before the court by the plaintiff, Alhaji Ahmadu Abubakar Zango, affirmed the plaintiff as the authentic owner of the land.
“The Plaintiff is the owner and person entitled to the right of occupancy over the land measuring about 95.2 acres lying and situates along the NNPC/KRPC Road, Chikun local government, Kaduna formerly covered by Kachia local government Certificate of Occupancy No.
CK/A/000755,” he said.
The judge said that there was no proper acquisition of the land of the plaintiff by the second defendant, explaining:“What is said to be acquisition is not so within the ambits of the 1999 CFRN and Land Use Act.”
He, therefore, restrained the defendants; Dantata & Sawoe and the governor of the state from trespassing on the said land.
The plaintiff had in his amended writ of summons and statement, requested an order setting aside and nullifying the Certificate of Occupancy in his first prayer, which was granted.
The second prayer seeking declaration that the plaintiff was the owner of the property was also granted, but the third, which sought declaration that the encroachment constituted trespass was not granted.
An order of perpetual injunction restraining the defendants from trespassing was also granted, but the fifth seeking N5 million damages was not considered.
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