The Plaintiff/Appellant, in the High Court of Plateau State claimed against the defendants on record:

The Military Governor of Plateau State was joined as third party to defend the suit with leave of Court. The second defendant claimed against the Military Governor inter alia a declaration that he is the customary owner of the property covered by Certificate of Occupancy No. BP-. 2523; and by virtue of section 32(2) of the Land Use Act, 1978, he is deemed to be the holder of a Statutory Right of Occupancy issued by the Military Governor of Plateau State. He sought an order directing the Military Governor to revoke the Certificate of Occupancy No. 2523 issued in favour of the plaintiffs.

The Plaintiff relied on the Certificate of Occupancy issued in his favour and also the judgment of a Grade II Area Court at Bukuru between one Garba Zarqan (Plaintiff assignor) and the 2nd defendant. The decision was in favour of the plaintiff’s assignor.

The 2nd defendant, apart from claiming customary ownership of the land in dispute also relied on the decision of the Customary Court of Appeal, Jos in Appeal No. CCA/33 A/1981 which was a further appeal arising from the decision relied upon by the plaintiff. The appeal terminated in favour of the 2nd defendant. The plaintiff's predecessor -in-title did not appeal against that decision.

The Certificate of Occupancy issued to the plaintiff was granted on the mistaken belief that title was declared in favour of his assignor pursuant to the decision of the Grade II Area Court since the fact that the matter went on appeal up to the customary court on appeal was never disclosed.

The learned trial judge dismissed all the plaintiff's claims and revoked the right of occupancy granted to the plaintiff on the ground that it was wrongly granted. The court also ordered the recall of the Certificate of occupancy from the plaintiff.