STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

REVOLUTIONARY EFFECT OF THE LAND USE ACT

Reach more audience. Place advert here.

Since the promulgation of the Act by the Military Administration of General Obasanjo in 1978, the vast majority of Nigerians have been unaware of its revolutionary effect. They have been unaware that the Act swept away all the unlimited rights and interest they had in their lands and substituted them with very limited rights and rigid control of the use of their limited rights by the Military Governors and Local Governments. This appeal is probably one of the earliest of contested matters that will bring the revolutionary effect of the Act to the deep and painful awareness of many. The experience of disbelief and the ultra sensitivity to the irritating thoughts of loss of freedom to use one’s property without exploitative government control exhibited by the appellants’ counsel notwithstanding the fact remains that we must all appreciate the true legal position and bring it to the knowledge of the beneficiaries of rights and interest in land in each State of the Nigerian Federation. This will enable the steps necessary to bring the law in line with the wishes of Nigerians to be taken. Section 1 of the Act has made no secret of the intention and purpose of the law. It declared that land in each state of the Federation shall be vested in the Military Governor of each state to be held in trust for the use and common benefit of all Nigerians.

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

Was this dictum helpful?

SHARE ON

land

ONUS ON CLAIMANT TO ESTABLISH PRECISE BOUNDARY OF LAND

The Plaintiffs/Appellants in this case claimed a declaration, damages for trespass and an injunction. Such a claim should be tied on to a definite and specific area of land so that any enuring judgment for the plaintiffs may inform the defendants what the opinion of the court is as to the limits of their rights and not expose them in the exercise of such rights to the consequences of violating an injunction based on a plan like Ex. A which not containing precise boundaries leaves the land in dispute vague and imprecise. It is not for the Defendant/Respondent to find out what portions of Ex.A belongs to the Plaintiffs/Appellants and what portions do not. That is the first hurdle a claimant to land will clear i.e. to establish the precise area he is claiming.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

Was this dictum helpful?

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)

Was this dictum helpful?

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)

Was this dictum helpful?

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

Was this dictum helpful?

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)

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.