By Achadu Gabriel, Kaduna
Kaduna State High Court has nullified a Certificate of Occupancy issued to Alhaji Aliyu Abubakar by the Kaduna State Government in Chikun Local Government Area of the state.
The C-of-O, issued to Alhaji Aliya Abubakar by government, with ref. No. NC5227, was said to have been sold to Dantata & Sawoe, who is the first defendant, in the case.
Justice Bello, in his judgment delivered on November 7, 2017, in Suit No KDH/KAD/329/2015, said that the matter 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 situated along the NNPC/KRPC Road, Chikun Local Government, Kaduna, formerly covered by Kachia Local Government Certificate of Occupancy No CK/A/000755,” he said.
According to the text of proceedings acquired on November 21, 2017, the judge said that there was no proper acquisition of the land of the plaintiff by the second defendant.
“What is said to be acquisition is not so within the ambits of the 1999 CFRN and LAND USE ACT,” he added.
He therefore, restrained the defendants: Dantata & Sawoe and the Governor of Kaduna State from trespassing or further trespass 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 a declaration that the encroachment constitutes trespass, was not granted.
An order of perpetual injunction restraining the defendants from trespassing was also granted, but the fifth seeking five million Naira for damages was not considered.