By Evarist Baimu Nyaga Mawalla - Home

One of the conditions set out in the offer related to the circumstances underwhich the right of occupancy could be revoked by the President. Thesecircumstances are described in paragraph 9 of the Offer, which reads:The President may revoke the right for good cause or in the public interest orassign failure by the occupier to comply with the conditions expressly or impliedlycontained in the right.The Offer of the Right of Occupancy communicated to Patman Garments.Industries Limited on 24 th January., 1978 was accepted by them on 25 th January,1978. On the 5 th February, 1979 there was a revocation of the Right ofOccupancy over LD. No. 46100 Granted to Patman Garments Industries Limited.At the trial of the suit a lot of allegations were exchanged between the partiesinvolving the conduct of the parties themselves and, by and large, the variousofficials of the Directorate of Land Development Services who were concernedwith the double allocation of Plot No. 94. Some of these allegations have beenrepeated before this court. However, as there allegations and counter allegationswere considered and disposed of by the learned trial judge in his judgement, wethink no useful purpose will be served by going over the same allegations agains.In any case, the isse before us, as both Mr. Dastur and Mr. Lakha, have readilyconceded, is a very brief one whether the revocation of the right of occupancyheld by Patman Garments Industries Limited in respect of the disputed parcel ofland was lawful.635