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

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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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COURT JURISDICTION IN CUSTOMARY RIGHT OF OCCUPANCY GRANTED BY LOCAL GOVERNMENT

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.”

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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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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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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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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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COMPENSATION FOR REVOCATION UNDER THE LAND USE ACT

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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