The plaintiff a former senior lecturer at the Bayero University, Kano applied for and was allocated Plot 358 Sani Mainage Layout by the Kano State Commissioner of Land and Survey – see Exhibit W dated 21st March, 1978. Sometime in 1979, because he needed money, plaintiff decided to sell the land and did sell it to the defendant, through intermediaries, for the sum of N7,000.00 (Seven thousand Naira). Defendant paid the said purchase price and went into possession and commenced development of the land. Sometime in 1981 plaintiff handed over to the defendant his letter of allocation of the plot (Exhibit W) and a receipt for the purchase price (Exhibits D & W1). The defendant with Exhibit W collected from the Ministry of Land and Survey the Certificate of Occupancy issued in plaintiff's name and dated 2nd June, 1981 (Exhibit C).

There was a riot in Kano in 1981 resulting in the building of the Ministry of Lands and Survey being torched and documents burnt. The Ministry subsequently called on members of the public who had certificates of occupancy, etc. yet to collect to come forward for re-certification of their documents. The plaintiff took advantage of this situation and on the pretence that the Certificate of occupancy in respect of Plot 358 had not been issued applied for a re-certification and another certificate of Occupancy (Exhibit B) dated 28th April, 1983 was issued to him.

Armed with Exhibit B he now went to the land in dispute (plot 358) where he found the defendant developing it. Plaintiff made a report to the Police who questioned the defendant. The defendant informed the police that it was the plaintiff who sold the land to him. The plaintiff's reply to this was that it was plot 368 he sold to the defendant and not plot 358. The police made enquiry at the Ministry of Land and Survey where they were told the Plot 368 was never allocated to the plaintiff but only plot 358. On the strength of this information the police dropped further action on plaintiff's complaint. The plaintiff then instituted the action leading to this appeal and claimed as is hereinbefore stated.

The learned trial Judge made a number of findings of fact which are not questioned in this appeal. The findings include:

for the plaintiff to obtain a re-certification of the Certificate of Occupancy on the grounds that the former one (i.e. Exhibit C) had been burnt during the rampage when in fact there was no certificate of Occupancy which was so burnt."

Not having been impugned in this appeal these findings of fact are taken as correct. And it is upon these findings that the learned trial Judge dismissed plaintiff's claims and the Court of Appeal affirmed the dismissal.