A Kano High Court has granted an order of special damages against the governor and government of Kano State for the illegal demolition of property belonging to Tiamin Multiservices Global Limited.
The court presided over by Justice Ibrahim Musa Muhammad (Karaye), on Wednesday, said it granted the damages after hearing the counsel to the plaintiff, Barrister. Saidu Muhammad Tudun Wada, who instituted the case in 2019, during the administration of former Governor Abdullahi Ganduje.
The plaintiff in the suit is Tiamin Multi Services Global Limited, and the defendants are The Governor of Kano State, Kano State Government, Kano State Bureau for Land Management and Attorney General and Commissioner for Justice, Kano State.
SolaceBase reports that after nullifying and voiding “the purported revocation of plaintiff right of occupancy existing in the property known and situated along Court Road, Gyadi-Gyadi, in Tarauni Local Government Area of Kano State”, the court ruled that the plaintiff’s Certificate of Occupancy covering the property in question, are still “valid and subsisting”.
The learned judge said demolishing Tiamin’s “Multimillion Naira structure without giving it due and valid notice as well as an opportunity of being heard as to the reasons for the revocation of its Certificate of Occupancy if at all is unconstitutional and contrary to the provision of the Land Use Act and therefore illegal, null, void, and of no legal effect whatsoever.”
The court equally faulted the takeover of the property by the government, declaring it as unlawful. It therefore granted immediate possession of the property to the plaintiff.
The court therefore granted Tiamin the special damages to cover the expenses incurred in developing the property damaged.
In addition, the court granted general damages in the sum of N500 million naira for what it called “the uncouth, unwarranted, unlawful and illegal conduct of the defendants in taking over and demolishing the structures of the plaintiff.”
It similarly awarded the sum of N10 million naira as cost of filing the case, after restraining the defendants from “ever interfering with his possession, occupation, use and enjoyment” of the property.
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