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[16] With regard to legitimate expectation, the learned
judge held that the appellant had no legitimate expectation
that titles would be issued in due course like the other three
qualified titles issued earlier, in view of section 78(3) of the
Code that the said lots remained as state land until
registration.
[17] The appellant‟s appeal before us is against the
dismissal of its application for judicial review by the learned
judge.
Alienation of state land
[18] The appellant‟s main contention is that the State
Authority has no power under the Code to revoke or
withdraw the approval of the alienation of state land which
had been approved earlier. Such power is not provided for
under the Code. This contention is further fortified by the
fact that the first respondent had, pursuant to section 81(2)
of the Code issued notices in Form 5A to the appellant to
pay the land revenue due, which payment had in fact been
made. As such by reason of section 80(3) of the Code, the
respondents, to be precise the first respondent, is
statutorily bound to issue the qualified titles. It was
submitted that the word “shall” in section 80(3) of the Code
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