Land Rights Flashcards
Section 43 of CFRN
Subject to the provisions in f this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.
Section of the Land Use Act & Ogunnola v. Eiyekole
First, a person entitled to land anywhere in Nigeria, I.e a person entitled to a right of occupancy under the Land Use Act, is required to be a Nigerian as opposed to a non Nigerian.
Abraham v. Olorunfunmi
It (Ownership) connotes a complete and total right over a property. The owner of the property is not subject to the right of another person. Because he is the owner, he has the full and final right of alienation or disposition of the property, and he exercises his right of alienation and disposition without seeking the consent of another party because as a matter of law and fact there is no other party’s right over the property that is higher than that of his…… The owner of a property can use it for any purpose.
Nnaemeka-Agu in Buraimoh v. Bamgbose.
Possession may mean effective physical or manual control or occupation of land de facto possession as well as possession animus possidendi together with that amount of occupation or control of the land which is sufficient to exclude other persons from interfering - de jute possession.
Ozokpo v. Paul
A person in possession of land is presumed to be the owner until the contrary is proved.
Akinterinwa v. Oladunjoye
Where two competing parties claim to be in possession of the land in dispute, the law ascribes lawful possession to the one with better title.
Mora v. Nwalusi
The rule at customary law is that an established owner of land does not necessarily lose his title to an adverse possessor by merely going out of possession for a long period of time.
Akpan Awo v. Cookey Gam
The rule in Akpan Awo v. Cookey Gam has been applied by the courts in many cases to protect and adverse possessor when desirable in the interest of justice and fair play.
Nwakobi v. Nzekwu
The defense available in Akpan Awo v. Cookey Gam will not avail any person who enters into occupation of the land knowing it to be another’s or knowing that he has no bonafide claim to it.
