In 1971, the Military Governor of Kaduna State granted to the plaintiff the right of occupancy under the Certificate of Occupancy No. 14438 over a piece of land situate in Kaduna South for a period of 99 years. Between 1976 and 1978 the U.T.C., acting in accordance with arrangement between it and the plaintiff, developed the land to the tune of well over N700,000. By the revocation order of 13th February 1979 the Military Administrator of Kaduna State revoked the grant on the purported ground that the plaintiff had failed to comply with the conditions of the grant.

Consequently, the Plaintiff instituted a suit in the High Court of Kaduna State. After having heard the evidence adduced by the parties, Abdullahi, J, as he was then, delivered judgment on 26th October, 1979 dismissing the plaintiff's claim. The plaintiff was not satisfied with the decision of the High Court and so he appealed to the Court of Appeal.

The judgment of the High Court could not be produced in the Court of Appeal because it was missing and all searches for it were in vain and abortive. On that account the plaintiff was unable to prove before the Court of Appeal, as the law required him to do, the decision of Abdullahi J. to be wrong.

The appellant further appealed to the Supreme Court.