CaseLaw
The facts of the case as disclosed by the pleadings and evidence at the trial are that appellant claimed that she was one of a number of persons living in an area acquired by the Federal Government in 1973 for the establishment of a Fertilizer Industry. She was among those, who were as a consequence of the displacement, compensated by the allocation of alternative plots of land by the Kaduna Local Government. She was allocated plots E1A and E1B. She had since occupied those plots and still remains in occupation. The parcels of land so allocated measure 100ft. by 64 ft. by 94 and is situate at Ungwar Mission Ward, Makera, Kaduna-South.
On the 28th October, 1982, the Kaduna Local Government granted her a Certificate of Occupancy No. 031198 covering the piece of land. In her testimony appellant tendered and was admitted as Exhibit 1, a certificate by the District Head of Makera that she was given Plots No. El A and E1B on 17/9/73 and that she was now the rightful owner of these plots. She also tendered as Exhibit 2, a Certificate of Occupancy indicated above, issued to her by the Kaduna Local Government. Appellant fenced the plots in 1974 and built a house thereon. She now relies for her title to these plots on these documents.
Appellant said in evidence that she first observed respondent near her plot in 1974. They had fenced their plots with barbed wire. In 1982, she noticed respondents pulling down her own wall and barbed wire fence when they were in the process of erecting another gate on her plot. She confronted respondent's Manager, who told her that the plot belonged to them and asked her to vacate the plots. Respondents erected big iron bars inside her plots to prevent entry into the plots.
The Lands Officer of Kaduna Local Government in charge of processing applications for plots testified for the appellant. He stated, relying on records in their office, that on 3/7/82, appellant applied for a customary right of occupancy in respect of the two plots on the strength of the letter given to her by the District Head of Makera. The Kaduna Local Government in l982 issued her with a Kaduna Local Government right of occupancy over plots El A and E1B.
The case of the respondent is different. They applied in 1977 for an Industrial Plot, which was only granted in 1979. Also, a statutory right of occupancy No. 4494 dated 19/6/79 was issued by the State Government. The respondent was granted a piece of land measuring 8.57 acres. When the respondent observed in 1982 that appellant was trespassing into its property, it wrote complaining to the