NOTICE OF POSSESSION OF LAND – ACTS DONE ON LAND

In Mogaji and Ors v. Cadbury Fry (Export) Ltd. (supra) at p. 88, Madarikan, JSC, delivering the judgment of the Supreme Court said: “Possession of a parcel of land means the occupation or physical control of the land either personally or through an agent. As stated by Lord Fitzgerald in Lord Advocate v. Young (1887) 12 App. Cas. 544 at p. 556, by possession is meant possession of that character of which the thing possessed is capable. Thus, if a person adduced evidence that he or his agent or servant were cultivating a farmland that would be evidence sufficient to establish that he was in possession of the land. Similarly, if a person erects on a parcel of land a signboard bearing his name, he hereby gives notice to all and sundry that he is in possession of the land.”

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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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LAND USE ACT DID NOT CONVERT A TENANT INTO AN OWNER

It was not the aim of the Land Use Act to convert a tenant into an owner merely by the fact that such tenant was in occupation of his landlord’s land before the inception of the Act.

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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OWNER OF LAND UNDER CUSTOMARY LAW REQUIRES CONSENT OF GOVERNOR TO ALIENATE

Land is still held under customary tenure even though dominium is in the Governor. The most pervasive effect of the Land use Act is the diminution of the plenitude of the powers of the holders of land. The character in which they hold remain substantially the same. Thus an owner at customary law remains owners all the same even though he no longer is the ultimate owner. The owner of land, now requires the consent of the Governor to alienate interests which hitherto he could do without such consent.

— Karibe-Whyte, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987

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DAMAGE TO CROP GROWING ON LAND

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)

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IDENTITY OF LAND

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)

LAND WILL CONTINUE TO BE HELD BY THE PERSON IN WHOM IT IS VESTED BEFORE LAND USE ACT COMMENCEMENT

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NOTICE OF POSSESSION OF LAND – ACTS DONE ON LAND

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PARTY MUST SHOW PLAN CORRESPONDS WITH THE LAND

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LAND USE ACT DID NOT CONVERT A TENANT INTO AN OWNER

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OWNER OF LAND UNDER CUSTOMARY LAW REQUIRES CONSENT OF GOVERNOR TO ALIENATE

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DAMAGE TO CROP GROWING ON LAND

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IDENTITY OF LAND

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