In 1975, the appellant herein was granted permission by the Head of Kajuru District in Kachia Local Government Area of Kaduna State acting on the instruction of the Emir of Zaria to build a temporary weekend hospitality resort on a hilltop in Kajuru Village.

Initially, the appellant built a temporary structure but later constructed a permanent structured named "The Kajuru Castle".

The appellant in 1981 due to his desire for business expansion commenced negotiations through the agency of the District Head to purchase the land surrounding the said hill measuring 70 hectares.

However, during the final stages of the negotiation, the appellant was appointed the Managing Director of the Respondent.

The appellant was advised to buy the land in the Respondent’s name as it was unlawful for him being a German to hold a legal estate in Kaduna State, which he heeded to. The receipt of purchase of the said land was issued in his name and the name of the Respondent.

Subsequently a certificate of occupancy dated 1st of January, 1997 was issued to the Appellant by Kachia Local Government which was used in applying for a statutory certificate of occupancy from Kaduna State Government. The application was successful and a certificate of occupancy dated 6th March. 1999 was issued by Kaduna State Government. Both certificates were issued in the name of the Respondent.

An action was commenced by the appellant before the trial High Court, Kaduna by writ of summons and statement of claim against the respondent. The appellant sought for a declaration that the respondent herein held the legal estate in the land bought by the appellant in its name upon a resultant trust to bent the appellant; that the respondent is obliged to comply with the appellant’s instruction in respect of the transfer of the legal estate in the said land; that the issuance of Certificate of Occupancy in favour of the respondent in respect of the land does not affect the position as trustee and the appellant as the beneficiary of the legal estate amongst others.

After the review and consideration of all issues raised, the trial court found and held that the appellant had failed to prove his claims thereby dismissing same.

The appellant herein appealed to the Court of Appeal Kaduna Division and the Court dismiss the appeal.

Further dissatisfied the appellant approached the Apex Court.