A Kano State High Court has nullified the revocation of a landed property belonging to Tiamin Multi Services Global Limited and ordered the payment of N2.6billion in compensation and damages to the company.
The disputed property, which is located along Court Road, Gyadi Gyadi, in Tarauni Local Government Area of the state, was revoked and demolished by the administration of former Governor Abdullahi Ganduje when the construction was at an advanced stage.
The company therefore approached the court, seeking damages for the unlawful revocation and demolition of the property, conceived to be an ultra-modern hospital.
In a judgment delivered on Wednesday, the presiding judge, Ibrahim Karaye ruled that the revocation of the plaintiff’s Right of Occupancy was illegal, unconstitutional, null and void.
Mr Karaye held that the revocation notice contained in a letter dated September 3, 2021, from the Kano State Bureau for Land Management was done without prior notice or a fair hearing, thereby violating provisions of the Land Use Act.
The judge further declared that the “Certificates of Occupancy covering the property—namely LKN/COM/2017/116 [recertified as LPKN 1188], MLKN01622, and MLKN01837—remain valid and subsisting”.
He further lambasted the defendants for “forcefully taking over and demolishing the multimillion-naira structures on the property during the pendency of the suit”.
The judgement read thus: “A Declaration is hereby made that the purported revocation of the plaintiff’s right of occupancy existing in the property known and situate along Court Road, Gyadi Gyadi, in Tarauni District, Tarauni Local Government Area, Kano State as evidenced by a Certificates of Occupancy numbers LKN/COM/2017/116 [recertified as LPKN 1188] MLKN01622 on approved plan number TP-KN-105E; and MLKN 01837 on approved plan TP-KNUPDA-105E through a letter dated 3rd September, 2021 under the hand of the Permanent Secretary in the Kano State Bureau for Land Management, [the 3rd defendant in this suit) without notice at all is unconstitutional, null, void and of no legal effect whatsoever.
“A declaration is hereby made that the plaintiff’s certificate of occupancy of the afore-mentioned property known and situate along Court Road, Gyadi Gyadi, in Tarauni District, Tarauni Local Government Area, Kano State as covered by a Certificates of Occupancy Numbers LKN/COM/2017/116 (recertified as LPKN 1188); MLKN01622 on approved plan number TP-KN-105E; and MLKN 01837 on approved plan TP-KNUPDA-105E dated 14th September, 2017 as well as the one issued and dated 5th July, 2018 are still valid and subsisting.
“A Declaration of this court is made* that the purported revocation of the plaintiff’s certificate of occupancy and demolishing her multi million naira structure without giving it a due and valid notice as well as an opportunity of being heard as to the reasons for the revocation of its Certificate of Occupancy if at all, is unconstitutional, and contrary to the provisions of the Land Use Act and therefore illegal, null, void and of no legal effect whatsoever.*
“A declaration of this court is made that the purported forceful take over* or entry and the *subsequent demolition of the Plaintiff’s property by the defendants during the pendency of suit number K/426/2019 is unconstitutional, illegal & unlawful.”
Consequently, the court awarded N2.125 billion as special damages for the expenses incurred in developing the land, N500 million as general damages for the illegal demolition, and N10 million as the cost of filing the suit.
The judge ordered the defendants to immediately vacate the property and restrained them or their agents from further interference with the plaintiff’s ownership and possession of the property.
(Daily Nigerian)
