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DISTINCTION BETWEEN A HOLDER & OCCUPIER IN LAND LAW

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The essential distinction which could be made between a “holder” and an “Occupier” as defined, is that whereas the former is a person entitled in law to a right of occupancy, the latter is not a person so entitled. The legal effect of the distinction is that an “occupier” will necessarily hold of a “holder” who would at the commencement of the Land Use Act be entitled to a customary right of occupancy. Hence, the fact that the “occupier” is in possession, and the “holder” is not, does not alter the true legal status of the parties.

– Karibe-Whyte, JSC. Abioye v. Yakubu (1991) – SC.169/1987

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REQUIREMENT FOR VALID SALE OF LAND UNDER NATIVE LAW & CUSTOM

Under Native law and custom the requirements for a valid sale are:- (a) Payment of purchase price (b) Purchaser is let into possession by the vendor (c) In the presence of witnesses. It is not necessary to have a written contract or conveyance as under English law. Adesanya V. Aderounmu (2000) 6 SC pt.2, pg, 18, Elema V. Akeuzua (2000) 6 SC pt, 3, pg. 26.

— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003

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MEANING OF “ANY PERSON” AS USED IN SECTION 36(1) OF LAND USE ACT MEANS ANY NIGERIAN

It is my firm view therefore that the words “ANY PERSON” under section 36(1) of the Act refer to and mean ANY NIGERIAN. The Act has not abrogated any law which limits the rights of aliens to own property. I will however share the views of Omololu-Thomas, J.C.A. that any foreigner who has validly owned or occupied any land before the act is deemed to be an occupier under the act. This however must be in conformity with the definition of occupier under section 50 of the Land Use Act.

— Olatawura, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987

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FIVE DISTINCT WAYS IN WHICH OWNERSHIP OF LAND MAY BE PROVED

The law recognises five distinct ways in which title to or ownership of land in Nigeria could be proved as stated by the Supreme Court in the case of Idundun v. Okumagba (1976) 9 – 10 SC 227. These are:- By traditional evidence. (b) By production of documents of title duly authenticated and executed. By acts of ownership extending over a sufficient length of time numerous and positive enough as to warrant the inference of true ownership. By acts of long possession and enjoyment; and , (e) proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would, in addition be the owner of the land in dispute.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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ALL LANDS VESTED IN MILITARY GOVERNOR

The control and management of all land in the state, apart from the land vested in the President, Commander-in-Chief of the Armed Forces, is therefore vested either in the Military Governor or the Local Government and while the Military Governor has power to grant statutory right of occupancy in respect of any land [see section 5(1)(a)] the Local Government has power to grant customary right of occupancy in respect of land not in an urban area [see section 6(1)(a) and (b)].

– Obaseki, JSC. Savannah v. Ajilo (1989)

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DEFAULT IN PAYING BALANCE FOR SALE OF LAND WILL RESCIND THE CONTRACT

Mustapha v. Abubakar (2026) 7 NWLR (Pt. 2043) 541 at 574, E — H: ‘Therefore, where the purchaser fails to pay the purchase price for a property in full or fails to pay it on time, where time is of essence, the courts have held that he will have no right to call for specific performance as such a breach of undertaking is fundamental to the entire contract’. … ‘Where a purchaser of land made part payment of the purchase price but defaulted in paying the balance, there can be no valid sale even where the purchaser is in possession – Manya v. Idris (2001) 8 NWLR (Pt. 716) 627, Saka v. Ijuh (2010) 4 NWLR (Pt. 1184) 405. There will then be a right in the vendor to rescind the contract of sale and resell the property’.

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LAND USE FOR MARKET DOES NOT NECESSARILY MEAN IT IS A COMMUNAL LAND

The fact that land is used as a market does not necessarily mean that it is communal land. A market is no doubt a public place which may be an open space or a building where people go to buy and sell goods. But it does not follow from the fact that it is a public place that the market belongs to the community and not to an individual or a group of individuals. Even if the market is communally owned evidence as to the community which owns it must be forthcoming before one can come to the conclusion that it belongs to that community.

— Agbaje, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

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