Index

• Pages: 1-70

Land Use Act

ACQUISITION OF LAND

Can land be acquired outside the procedure in Land Use Act? 1.

ALIENATION OF LAND

Alienation and surrender of rights of occupancy under sections 22 and 26 of the Land

Use Act 1978., 2.

Is agreement to alienate land without prior consent of Governor void? 3.

Prohibition of alienation of statutory right of occupancy without consent of Governor, 4.

Prohibition of alienation of statutory right of occupancy without consent of Governor

under section 22 of the Land Use Act 1978, renders an agreement to sell illegal, 5.

ALIENATION OF RIGHT OF OCCUPANCY

Alienation of land under the Act must be with the Governor’s consent, 6.

Alienation of land without consent where consent is required is void, 7.

Interests would not pass on Land transactions unless Governor’s consent is had and

obtained, 8.

The document by which an interest in land is transferred is an instrument, 9.

The owner of a right of occupancy would not be allowed to take advantage of his not

obtaining the necessary consent to still keep his land in breach of agreement, 10.

Transactions in land would be void under the Act, unless the Governor’s consent is

obtained, 11.

Where statute provides for consent to be obtained, failure to obtain it makes the trans-

action void, 12.

CERTAINTY OF TITLE UNDER THE LAND USE ACT

An instrument requiring registration is ineffectual until it is registered, 13.

Registration does not cure any defect in any instrument or confer upon it any validity,

which it would not otherwise have had, 14.

The Act deals only with registration of instrument of transfer and not registration of the

interest itself, 15.

The mere fact of registration does not confer title on who does not have title, 16.

The protection on the second or subsequent registered owner is not absolute, 17.

Where a person’s customary right of occupancy is revoked only a statutory right of

occupancy of same land can be given to another, 18.

INDEX

References are to paragraph numbers

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Where a person’s customary right of occupancy is revoked such cannot be granted to

another person, 19.

CERTIFICATE OF OCCUPANCY

Certificate of Occupancy and whether it confers title on holder, 20.

Certificate of Occupancy under the land use Act to confer title, 21.

Course open to an owner of land in respect of which certificate of occupancy is granted

to a third party, 22.

Duty on party relying on certificate of occupancy to establish prior existing interest in

land, 23.

Evidential value of Certificate of Occupancy, 24.

Governor’s power to correct error or mistake in the grant of statutory right of occupancy,

25.

It is the duty of party relying on certificate of occupancy to prove the identity of land

covered, 26.

Only the document by which an interest is transferred will be an instrument within the

meaning of the Act, 27.

Right created under the Land Use Act 1978., 28.

Right of a person not to be deprived of his land, 29.

Should Governor’s power to revoke certificate of occupancy extend to correcting or

rectifying statutory right of occupancy approved under a mistake or error? 30.

Validity of a subsequent grant of a statutory right of occupancy to grantee of a custom-

ary right of occupancy, 31.

Value and validity of certificate of occupancy, 32.

When certificate of occupancy is issued, 33.

Who qualifies as deemed holder of customary right of occupancy under section 36(2)

Land Use Act? 34.

COMPENSATION UNDER THE LAND USE ACT

Compensation for compulsorily acquired land is based on the open market value, 35.

Court uses the fair market value of a property to determine the amount to be paid as

compensation, 36.

CONTROL AND MANAGEMENT OF LAND

Management of land in Northern Nigeria under the Land Use Act, 37.

Relevant authorities vested with control and management of land in Nigeria, 38.

CUSTOMARY LAW

Land Use Act 1978 vis-à-vis incidence of customary land law, 39.

Limitation of the Land Use Act 1978 to powers conferred on it only, 40.

CUSTOMARY RIGHT OF OCCUPANCY

Does the Land Use Act bar Magistrates’ Court from exercising appellate jurisdiction in

respect of jurisdiction conferred in Customary Courts? 41.

Does the Land Use Act extinguish incidents of customary ownership? 42.

Effect of Land Use Act on the incident of customary ownership of land, 43.

Right of occupancy granted to an occupier under the Land Use Act 1978., 44.

References are to paragraph numbers

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CUSTOMARY TENANCY

A customary tenant enjoys land as a grantee in perpetuity subject to good behaviour, 45.

A grantor who grants land to a grantee as a customary tenant cannot grant it to another

without the approval of the customary tenant, 46.

Claim for forfeiture is incompatible with claim for trespass to land, 47.

Duty of tenant’s who desires relief against forfeiture, 48.

Effect of Land Use Act on customary tenancy, 49.

Failure of customary tenant to pay tribute on land, 50.

Possession cannot be exclusive where the grantor is not excluded, 51.

The customary tenant needs the consent of his overlord for any alienation, 52.

The legal nature of customary tenancy makes a customary tenants grantees of land in

perpetuity, 53.

The mode of determining a customary tenancy is by forfeiture not revocation, 54.

Where tribute is payable by the grantee, refusal to pay amounts to denial of the overlord’s

title, 55.

CUSTOMARY TENURE SYSTEM UNDER THE ACT

A customary tenant can hold land in perpetuity under S. 36 of the land use Act subject

to section 28 on revocation under S. 28, 56.

Disposition of family property must be in accordance with customary law which requires

consent of the family, 57.

Family ownership of land still forms part of our law, 58.

The concept of consent in the Act is presumed to be the consent from an overlord before

alienation, 59.

The consent of the Governor does not validate a disposition of family property without

compliance with the rule of family consent, 60.

DEED OF CONVEYANCE

How deemed grant can be extinguished, 61.

To qualify as holder under section 34, Land Use Act, is it necessary to have a deed of

conveyance, 62.

DELEGATION OF POWERS

Delegation of power by the Governor of a State under section 45 Land Use Act, 63.

FAMILY OWNERSHIP OF LAND

A disposition of family property must enjoy the consent of the family as a whole, 64.

GOVERNOR’S CONSENT

Approval granted by a delegate under the Land Use Act, 65.

Governor’s consent must be obtained before alienation of land, 66.

Legality of an agreement to sell land without the Governor’s consent first obtained, 67.

Obtaining of Governor’s consent before alienation of land, 68.

Purport of obtaining Governor’s consent before any right on interest can vest in any

person, 69.

References are to paragraph numbers

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