The issue of identity of the land in an action for declaration of title to land is very fundamental. The onus is on the plaintiff seeking the declaration to establish the precise identity of the land he is seeking the declaration.
– Musdapher JSC. Gbadamosi v. Dairo (2007)
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It is a misconception to regard damage for crops growing on land as not belonging to a claim for trespass to land. Quic quid plantatur solo, solo cedit.
– Obaseki, JSC. Ekpan v. Agunu (1986)
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)
Olaleye-Ote & Anor v. Babalola (2012) LPELR-9275(SC), where it was stated that, “The Land Use Act vested jurisdiction in proceedings relating to Customary Right of Occupancy granted by a Local Government on: ‘An Area Court or Customary Court or other Court of equivalent jurisdiction in a State without classification. The State Law imposed classification with jurisdiction of each grade of Court based on the value or annual rental value of the land, this modifying the jurisdiction conferred by the Federal Law.’ In my humble view, the Federal Legislature effectively covered the field in relation to the jurisdiction of the relevant Courts over proceedings in matters of customary right of occupancy granted by a Local Government. The State Law conferring jurisdiction according to Grade and value of the land in litigation is in conflict with S.41 of the Land Use Act, a Federal legislation.”
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)
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the land for an amount equal to the rent if any paid by the occupier during the year in which the right of occupancy was revoked, i.e. 1979; (b) buildings, installation or improvements thereon for the amount of the replacement cost of the building, installation or improvement, that is to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
The accepted methods of proving customary ownership of land are- (1) Traditional History of ownership; (2) Where the evidence in (1) above is found to be inconclusive, then proof of acts of occupation and use of the land over a considerable long period without challenge or disturbance from any other claimant and (3) Where (2) above fails, proof of exclusive possession without permission. See – Ekpo v. Ita 11 N.L.R. 68; F.M. Alade v. Lawrence Awo (1975) 4 S.C.215.
— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)
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