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COMPENSATION FOR REVOCATION UNDER THE LAND USE ACT

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Compensation under sub-section (1) of section 28 of the Act would be as respects:- (a) the land for an amount equal to the rent if any paid by the occupier during the year in which the right of occupancy was revoked, i.e. 1979; (b) buildings, installation or improvements thereon for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation together with interest at the bank rate of delayed payment of compensation and in respect of any improvement in the nature of reclamation works being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer; (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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LAND CONTRACT MUST BE IN WRITING

Generally, a contract may be oral i.e., (by parol) or in writing. There are however some contracts which the law mandatorily imposes a written requirement for the enforceability of such contracts. One of such contracts is a contract for the sale of land.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

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PARTY MUST SHOW PLAN CORRESPONDS WITH THE LAND

It settled law that where a party claims ownership of a parcel of land and relies on a plan, he must show that his plan corresponds with the land to which he lays claim. It is usually not enough for a party simply to file or tender a plan of land and rest content that the boundaries have been defined when there is nothing in the pleading and evidence against which to test the boundaries and even as well as the location and features of the said land.

– Abiru, JCA. Okoli v. Gaya (2014)

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PART PERFORMANCE REQUIRES POSSESSION INTO LAND

Therefore, for the plaintiff to be able to rely on part performance, he must be the person who has been let into possession of land and allowed to alter his position for the worse by carrying out acts in performance of the contract. Equity then come to his aid arising from the changed position in which he finds himself.

– Uwaifo JSC. Ekpanya v. Akpan (1988)

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NAME OR ETYMOLOGY OF THE LAND IS NOT INDICATIVE OF OWNERSHIP

The trial court found in favour of the respondents but that finding is neither here nor there, because the name or etymology of the name of a piece of land is not necessarily indicative of the ownership thereof. In the case of Alhaji Aromire and 2 ors v. J.S. Awoyemi (1972) 1 A.N.L.R (Pt. 1) 101 at 113, this Court, per Coker J.S.C., held that no reliance can be placed on the differences in the names ascribed to the same portion of land in the vicinity. The difference in names will be immaterial if the identity of the land in dispute is otherwise not in dispute. In the same vein, the Court of Appeal, per Nnaemeka-Agu J.C.A., as he then was, in the case of Onwumere v. Agwunedu (1987) 3 N.W.L.R. (Pt. 62) 673 expressed the following opinion – “Now it has been decided by a long line of decided casesboth by this Court and the Supreme Court that when parties base their claims to land upon evidence of tradition and the evidence of tradition called by both sides to the suit is in conflict, the best way to decide which of the conflicting stories is the more probable is to test them from the background of facts within living memory. See on this Agedegudu v. Ajenifuja (1963) 1 All N.L.R. 109 at p. 115 to 117; Ogboide Aikhionbare and ors v. Omoregie and ors (1976) 12 SC 11. It is not a matter, which can be resolved on the credibility of witnesses or as the learned Judge has done by mere etymological approach when the names themselves and the ownership of the surrounding lands and some of the features on the land in dispute are parts of the conflict …”

— Edozie JSC. Cosm As Ezukwu v. Peter Ukachukwu Jude Ukachukwu (SC. 160/2000, 2 July 2004)

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STATE LANDS ARE FOR PUBLIC PURPOSES – SUCH LANDS ARE HELD IN TRUST

Their powers under the law are limited to leasing them to diverse persons, and accepting forfeitures and surrenders of leases. There appears to be substance in this contention. State lands in Nigeria invariably originate from compulsory acquisitions of such lands from individuals or communities for public purposes. Such lands are held in trust by the acquiring government for use for the public purpose for which the land was acquired and in accordance with the public policy of the state as enshrined in the laws of the state.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

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HOW TO PROVE LAND BY TRADITIONAL HISTORY

It is well settled that one of the five ways of establishing a claim for declaration of title to land is by traditional evidence. See Idundun v. Okumagba (1976) 9-10 SC, 227. It is also settled that once the traditional evidence is found to be conclusive and cogent, there would be no need whatsoever to require further proof. See Akinyili v. Ejidike (1996) 5 NWLR (Pt. 449) 181 at 417; Balogun v. Akanji (1988) 1 NWLR (Pt. 70) 301; Amajideogu v. Ononaku (1988) 2 NWLR (Pt. 78) 614. But the traditional evidence must be such as to be consistent and properly link the plaintiff with the traditional history relied upon. See Owoade v. Omitola (1988) 2 NWLR (Pt. 77) 413. Also a plaintiff who seeks declaration of title to land must prove his root of title to the land. If he traces his title to a particular person, it is not enough to stop there. He must go further to prove how that person got his own title or came to have the title vested in him including where necessary the family that originally owned the land. See Thomas v. Preston Holder 12 WACA 78; Ajibona v. Kolawole (1996) 10 NWLR (Pt. 476) 22.

— U.A. Kalgo, JSC. Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)

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