The Land Use Act Effect

Question 1

Right of Occupancy ?

Answer 1

A right of occupancy may arise from an actual grant under section 5 or section 6 of the Act. It may also arise by the operation of the law, as deemed grant by the virtue of section 34 or section 36 of the Act.

Question 2

The two types of right to occupancy

Answer 2

Actual Grant and Deemed Grant.

Question 3

Actual grant of a right of occupancy

Answer 3

Section 5(1) empowers the governor to grant statutory right of occupancy in respect of land in urban areas, while section 6(1) empowers the local government to make express or actual grant of customary right of occupancy in respect of non-urban land.

Question 4

Section 5(1)

Answer 4

Section 5(1) provides that: it shall be lawful for the governor in respect of land, whether or not in an urban area to-
(a) grant statutory rights of occupancy to any person for all purposes....

Question 5

Section 6(1)

Answer 5

it shall be lawful for al local government in respect of land not in an urban area to-
(a) grant to customary rights of occupancy to any person or organization for the use of land in the local government area for agricultural, residential and other purposes.

Question 6

A ‘statutory right of occupancy’ ?

Answer 6

Defined in section 51 as “ a right of occupancy granted by the governor under this Act”.

Question 7

Customary right of occupancy

Answer 7

The right of a person or community lawfully using or occupying land in the accordance with customary and includes a customary right of occupancy granted by a local government under this Act.

Question 8

Section 5(2)

Answer 8

Upon the grant of a statutory right of occupancy under the provisions of subsection (1) of this section, all existing eights to the use and the occupation of the land, which is the subject of the statutory right of occupancy, shall be extinguished

Question 9

Dzungwe v. Gbishe

Answer 9

Neither the Governor nor a local Government would have a right to divest such land from the person in whom the land was properly vested, by the issue of a certificate of occupancy over the land to another person in whom the land was not vested.

Question 10

Deemed grant

Answer 10

A deemed grant of a right of occupancy is one that is implied by operation of the law. By nature, it is an interest in land in an area designated as urban by the state. In time, it pre-dates the land Use Act. sections 34 and 36 of the Act are instructive and will therefore be set out verbatim.

Question 11

Incidence of rights of occupancy

Answer 11

1. Right of use and the possession: with radical title now vested in the Governor, holders are only left, as the name implies, with the right of use and occupation.(section 1 LUA)
2. limited exclusive possession; the combined effect of sections 14 and 15 of the Act confers, subject to the right of the Governor, exclusive possession on holders.
3. Term certain: by virtue of section 8 of the Act, a right of occupancy can only be granted for fixed period, not exceeding 99 years.
4. Alienable subject to Governor’s consent (section 21 and 22)
5. May be charged with the payment of rent (section 5(1)(c))
6. May devolve as object of inheritance in the estate of a deceased holder (section 24 and 25)
7. Revocable pursuant to a breach or acquisition (section 20)

Question 12

Right of occupancy and other interest in land (Lease)

Answer 12

1. Certainty of terms *Savannah Bank v. Ajilo (1989)
2. Payments of rents
3. relationship of landlord and tenant exists albeit in a limited way
4. Exclusive possession, although a right of occupancy does not exclude the Governor (section 14 and 15 LUA)
5. Alienability subject to relevant consent
6. Devolution of both as objects of inheritance

Question 13

Difference of the Right of Occupancy and other interest in land (Leasehold)

Answer 13

1. Exclusive possession guaranteed by section 14 and 15 not absolute against the whole world
2. Mode prescribed for determination of a right of occupancy
   i. e revocation (section 28 LUA), is alien to a leasehold interest which determines by forfeiture( section 14 conveyancing Act 1881)
3. A right of occupancy confers a substantial right which is larger and generally more permanent than leasehold interest.

Question 14

Status of Land in the FCT under the LUA?

Answer 14

1. s .49 exempts all Federal Government owned land, including all land in the FCT from the application of the LUA
2. No Urban or Non- Urban land in the FCT.

Question 15

What is the Validity of the purported Rs of O granted by the Chairmen of the Area?

Question 16

Joseph Onah & Anor v. Alhaji Romana Atenda.