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

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It is common ground that the land in dispute over which Exhibit B was issued in favour of the plaintiff is within the urban area of Ibadan. It is not in dispute that it is developed land within the provisions of section 5(1) of the of the Land Use Act 1978. Accordingly, pursuant to section 34(2) of the Land Use Act, the land in dispute shall continue to be held by the person in whom it was vested immediately before the commencement of the Land Use Act on the 29th March, 1978 as if such person was the holder of a statutory right of occupancy issued to him by the Governor under the Act.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

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WHEN IDENTITY OF LAND BECOMES AN ISSUE IN LAND MATTERS

It is also now settled law that requires no citation of any authority, that the identity of land in a land dispute will only be in issue if and only if the defendant in his statement of defence makes it one. If he disputes specifically either the area or the location or the features shown in the plaintiff’s plan, then the identity of the land becomes an issue to be tried. In my view both the trial court and the Court of Appeal were right in their decision that the identity of the land in dispute was not an issue joined in the pleadings to be tried.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

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RENT INCLUDE THE IMPROVEMENTS MADE ON THE PREMISES

✓ Ponsford v. H.M.S. Aerosols (supra). Here there was lease dated August 19, 1968 of factory premises in Barking for 21 years and the revision of rent was to be referred to a surveyor under an arbitration clause where the parties disagree on the revised rent. In 1969, the premises were burnt down and rebuilt out of the proceeds of insurance. The licence for the improvements which were in fact made was contained in a document dated November 14, 1969, where in clause 1 it provided: “The landlords hereby grant unto the tenants licence to execute in and upon the demised premises the several alterations and works indicated in the plan annexed …. It is hereby agreed and declared that all the lessee’s covenants and conditions contained in the lease which are now applicable to the premises demised thereby shall continue to be applicable to the same when and as altered and shall extend to all additions which may be made thereto in the course of such alterations.” The lease of August 19, 1968 indicated, inter alia, that the rent would be assessed “as reasonable rent for the demised premises”. The trial judge. held that a reasonable rent for the premises should be assessed without taking account of the improvements made by the defendants. The plaintiffs appealed on the ground that the judge was wrong in his construction of the rent review clause. On appeal, the Court of Appeal, by a majority of 2:1, reversed the judgment of the trial court and held that the revised rent would include the improvements made on the demised premises.

✓ Cuff v. J. & F. Stone Proper Ltd. (supra) provided that improvement on the land should not be wholly disregarded. Cuffs case is different from the case before us in the sense that the improvements on the land had been made prior to the execution of the lease. Accordingly the improvement, unless expressly excluded, must be taken into account in computing the revised rent. In the instant case there was not improvement on the bare land at the time of the lease, and the subsequent improvement did not form part of the demised premises. Without doubt, the improvements in the Cuff case formed part of the demised premises.

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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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ACCEPTED METHODS OF PROVING CUSTOMARY OWNERSHIP

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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PLAINTIFF SHOULD ESTABLISH CLEARLY THE AREA OF LAND WHICH HIS CLAIM RELATES

I think it is an elementary requirement of our land law that the first duty of any plaintiff claiming from the court a declaration of title to land is to show clearly the area of land to which his claim relates:- Akinola Baruwa v. Ogunshola (1938) 4 W.A.C.A. 195. This duty a plaintiff can discharge, either by describing the land with such particularity that a surveyor can from his description produce an accurate plan of the land:- Kwadzo v. Adjei (1944) 10 W.A.C.A. 274 or, by himself producing an accurate plan of the land showing precise boundaries. If the plan is inaccurate in the sense that the boundaries are imprecise or that the oral evidence does not tally with the details appearing on the plan, then the trial court will be justified in regarding such a plan as vague and unsatisfactory and again justified in refusing to find a declaration of title on such a plan: Udekwe Amata v. Udogu Modekwe and Ors. (1954) 14 W.A.C.A. 580. The reason for insisting on accurate plans is simply to enable the parties and other persons claiming through them to know precisely the area of land to which the judgment and orders relate:- Maberi v. Alade (1987) 2 N.W.L.R. (Part 55) 101 at p.106. Enforcement of a judgment and order of injunction based on an inaccurate plan will create difficulties, untold difficulties. Where parties own land abutting a common boundary that common boundary will be shown with particularity and precision: Okorie and Ors. v. Udom and Ors. (1960) 5 F.S.C. 162 at p.166; Udofia & anor. v. Afia and ors. Andy v. Akpabio and ors. (1940) 6 W.A.C.A. 216. Another feature of our land law which has to be kept in view while considering Issue No. 1 above is that where a party claims a specific area of land and can only prove title to a part of that area of land or where the defendant concedes part of the land claimed, the court can grant the plaintiff title to the area proved or conceded but if; and only if, that area is definite and can be easily hatched out of and excised from the total area claimed, see Abudu Karimu v. Daniel Fajube (1968) N.M.L.R. 151 and Anukwua and ors. v. Ohia and ors. (1986) 5 N.W.L.R. (Pt. 40) 150 at p.161. Otherwise the declaration may be rightly refused.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

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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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