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REVOLUTIONARY EFFECT OF THE LAND USE ACT

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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)

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PROOF NOT NECESSARY WHERE IDENTITY OF LAND NOT IN DISPUTE

It is the general principle of law that a plaintiff who claims title to land must prove the identity of the land in dispute. This is to enable the court know the exact area or acreage of the land in dispute to give him judgment if he is able to prove title. However, where the identity of the land is not in dispute or where there is enough evidence for the court to infer the identity of the land, proof is not necessary. In such a situation, the plaintiff has no burden to prove the identity of the land. Of the two ways, the easier one is when the parties agree as to the identity of the land or they do not put the identity of the land in issue.

– Niki Tobi JSC. Gbadamosi v. Dairo (2007)

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WHEN TWO COMPETING HISTORIES ARE CONTRADICTORY IN LAND MATTERS

In Kojo II v. Bonsie (1957) 1 W.L.R. 1223 it was held that- “Where there is a conflict of traditional history which had been handed down by words of mouth one side or the other must be mistaken, yet both may be honest in their belief. In such a case, the demeanour of witnesses is of little guide to the truth. The best way is to test the traditional history by reference to facts in recent years as established by evidence and by seeing which of the two competing histories is more probable.”

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COURT JURISDICTION IN CUSTOMARY RIGHT OF OCCUPANCY GRANTED BY LOCAL GOVERNMENT

Olaleye-Ote & Anor v. Babalola (2012) LPELR-9275(SC), where it was stated that, “The Land Use Act vested jurisdiction in proceedings relating to Customary Right of Occupancy granted by a Local Government on: ‘An Area Court or Customary Court or other Court of equivalent jurisdiction in a State without classification. The State Law imposed classification with jurisdiction of each grade of Court based on the value or annual rental value of the land, this modifying the jurisdiction conferred by the Federal Law.’ In my humble view, the Federal Legislature effectively covered the field in relation to the jurisdiction of the relevant Courts over proceedings in matters of customary right of occupancy granted by a Local Government. The State Law conferring jurisdiction according to Grade and value of the land in litigation is in conflict with S.41 of the Land Use Act, a Federal legislation.”

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HOW TO PROVE LAND BY TRADITIONAL HISTORY

It is well settled that one of the five ways of establishing a claim for declaration of title to land is by traditional evidence. See Idundun v. Okumagba (1976) 9-10 SC, 227. It is also settled that once the traditional evidence is found to be conclusive and cogent, there would be no need whatsoever to require further proof. See Akinyili v. Ejidike (1996) 5 NWLR (Pt. 449) 181 at 417; Balogun v. Akanji (1988) 1 NWLR (Pt. 70) 301; Amajideogu v. Ononaku (1988) 2 NWLR (Pt. 78) 614. But the traditional evidence must be such as to be consistent and properly link the plaintiff with the traditional history relied upon. See Owoade v. Omitola (1988) 2 NWLR (Pt. 77) 413. Also a plaintiff who seeks declaration of title to land must prove his root of title to the land. If he traces his title to a particular person, it is not enough to stop there. He must go further to prove how that person got his own title or came to have the title vested in him including where necessary the family that originally owned the land. See Thomas v. Preston Holder 12 WACA 78; Ajibona v. Kolawole (1996) 10 NWLR (Pt. 476) 22.

— U.A. Kalgo, JSC. Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)

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LAND CONTRACT MUST BE IN WRITING

Generally, a contract may be oral i.e., (by parol) or in writing. There are however some contracts which the law mandatorily imposes a written requirement for the enforceability of such contracts. One of such contracts is a contract for the sale of land.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

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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)

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