Land Use Act

Question 1

What does S.44(1) CFRN state

Answer 1

Government cannot take vested rights in land without statutory authority

Question 2

Solanke v. Abed?

Answer 2

Defendant landlord entered demised premises to the chargin of his tenant. The landlord urged that in the absence of the requisite consent of the authorities under the LTL, the tenants suit in trespass should be dismissed. The court held against him.

Question 3

S.9 LUA?

Answer 3

Empowers governor to issue a certificate of occupancy to a person who has a right of occupancy

Question 4

Is a certificate of occupancy the ultimate prove of vested rights?

Answer 4

No. A certificate of occupancy will be cast aside if someone else can prove a better title. Ogunleye v. Oni

Question 5

Ogunleye v. Oni?

Answer 5

The plaintiff was granted land and tried to get rid of the defendant who had been in possession of the land for 30 years before the plaintiff was granted land. Plaintiff obtained a certificate of occupancy and armed with it, sued the defendant for a declaration of title. The Supreme Court held that the certificate did not entitle him to success in the absence of proof of title in the plaintiff’s vendor.

Question 6

Once a condition in certificate has been breached, land can immediately be repossessed.

Answer 6

False. The government must issue a notice of breach first. Bashir v. Commissioner of lands. Foreign finance corp v. LSPDC

Question 7

Bashir v. Commissioner of lands

Answer 7

The crown granted a 99 year lease with the condition that a hotel be built on the land before 36 months. Upon breach of the condition, the commissioner of lands sued to recover possession. It was held that notwithstanding that the requirement was couched as a condition subsequent, it should be construed as a covenant.

Question 8

Foreign finance Corp v. LSDPC

Answer 8

The defendant granted the plaintiff a 98 year lease. Upon default of payment of rent, LSDPC granted the demised premises to a private company which entered the premises forcibly and demolished the plaintiff’s structures. The plaintiff’s action for trespass against the private company and LSDPC succeeded.

Question 9

S.28(6) LUA?

Answer 9

Revocation shall be signified under the hand of a public officer whom the governor duly authorizes.

Question 10

Cam a governor himself revoke a right of occupancy?

Answer 10

Yes. If a person can delegate a power then he has that power.

Question 11

S 28 LUA?

Answer 11

Land can only be revoked for the purpose of overriding public interest.

Question 12

Can right of occupancy be revoked for the purpose of granting same to a private individual or corporate body?

Answer 12

For private individual, no under any circumstances. For corporate body, no unless the government holds shares, stocks and debentures in it. S. 5(1) (b) LUA

Question 13

Admin/executor of estate of Abacha v. Eke spiff

Answer 13

The plaintiff was granted a long lease under the state lands law. Later the governor granted a statutory roght of occupancy over the same land to Abacha. After his death, the plaintiff sought a declaration of his right on the ground that his right of occupancy was not revoked lawfully. He succeeded.

Question 14

S.44 LUA?

Answer 14

Methods revocation should be served

Question 15

What are the methods revocation should be served?

Answer 15

*personally on a right holder
*by leaving it at his residence
*by sending it in a prepaid registered letter addressed to him at his residence

This is done in order of priority

Question 16

NITEL v. Ogunbiyi

Answer 16

The land in dispute was in kwara state. There was evidence that the revoking authority knew that the right holder was resident in Lagos. He was not served notice in Lagos. The revocation was declared ineffectual for lack of proper service

Question 17

Jegede v. Citizen Nigeria ltd

Answer 17

A revocation published in an official gazette was held invalid.

Question 18

S. 5(2) LUA?

Answer 18

Extinguishment by Grant

Question 19

Dantshoho v. Mohammed and Ibrahim v. Mohammed

Answer 19

Governor granted land to A and later to B and upon the latter’s grant, A’s interest terminates.
This happened in both cases.
In Dantsoho v. Mohammed, A’s grant had priority. The court reasoned that S. 5(2) should be read together with the rest of the statute. And it is not the intendment of the stature to revoke a right of occupancy for a purpose other than overriding public interest. In Ibrahim v. Mohammed, the court said that a literal reading of S. 5(2) would be incongruous and absurd.

Question 20

What is implied reverter

Answer 20

This is when property reverts back to the original owner if the government did not use it for overriding public interest like it intended to or if the land was not used for anything at all.

Question 21

Akani v. Olubadan in council

Answer 21

The defendant approached the plaintiff family for land to settle refugees and sports and recreation. It was obliged. Defendant instead let it and collected rent for it. Plaintiff’s action for declaration of title was non suited. The court held that he should have asked for a declaration of reversionary interest instead.

Question 22

Ajao v. Sole administrator, ibadan city council

Answer 22

The defendant acquired plaintiff’s land for the purpose of supplying pipe borne water to a public hospital. 30 years later the council abandoned the land. Rather than obtain a court order, plaintiff repossessed the land. The council reacted by fencing the property. The plaintiff was compelled to seek a declaration of title. He succeeded.

Question 23

Okakojo v. Ibadan district council

Answer 23

The plaintiff’s gave land to the defendant predecessors for a market. The defendants later broke down the stalls and built a motor park without the family’s consent. In the family’s suit, the defendants were held liable for trespass