Nigerian Land Law - NLS Bar 1 PDF

30.09.2024 - Intro Lecture 1 (Week 2) Lead lecturer: Mr. Samuel A. Osamolu Other Lecturers: Mrs. Aishatu Mohammed - Umar Ms. Memabasi Udowoima Recommended text: Real Property Law and Practice in Nigeria (2nd Edition) Land Use Act 1978 Overview of the Syllabus +-----------------------+--------...

30.09.2024 - Intro Lecture 1 (Week 2) Lead lecturer: Mr. Samuel A. Osamolu Other Lecturers: Mrs. Aishatu Mohammed - Umar Ms. Memabasi Udowoima Recommended text: Real Property Law and Practice in Nigeria (2nd Edition) Land Use Act 1978 Overview of the Syllabus +-----------------------+-----------------------+-----------------------+ | Mondays | Lecturer | Topic | +=======================+=======================+=======================+ | 7/10/20244 | S.A. Osamolu | Definition of Land | | | | | | | Ms Memabasi | Categorization of | | | | Rights over land | | | | | | | | Sources of Nigerian | | | | Land Law | +-----------------------+-----------------------+-----------------------+ | 14/10/2024 | Mrs. Mohammed - Umar | Customary Land Tenure | | | | System | | | Ms. Memabasi Udowoima | | +-----------------------+-----------------------+-----------------------+ | 21/10/2024 | Mrs. Mohammed - Umar | Customary Land | | | | Relationships | | | Ms. Memabasi Udowoima | | +-----------------------+-----------------------+-----------------------+ | 28/10/2024 | \- | Mid Term Break | +-----------------------+-----------------------+-----------------------+ | 4/11/2024 | S.A. Osamolu | Inception of the Land | | | | Use Act | | | Ms Memabasi | | | | | Implication of s1 of | | | | the LUA | | | | | | | | Powers of the | | | | Governor under the | | | | LUA | +-----------------------+-----------------------+-----------------------+ | 11/11/2024 | Mrs. Mohammed - Umar | Nature and types of | | | | rights of occupancy | | | Ms. Memabasi Udowoima | | | | | The legal | | | | significance of a | | | | certificate of | | | | occupancy | | | | | | | | Consent provisions of | | | | the LUAand | | | | consequence of breach | +-----------------------+-----------------------+-----------------------+ | 18/11/2024 | S.A. Osamolu | Revocation and | | | | compensation | | | Mrs. Mohammed - Umar | | | | | Status of land in the | | | | FCT | | | | | | | | Devolution of right | | | | of occupancy | +-----------------------+-----------------------+-----------------------+ | 25/11/2024 | S.A. Osamolu | Introduction to | | | | mortgages | | | Mrs. Mohammed - Umar | | | | | Tutorials | +-----------------------+-----------------------+-----------------------+ | 2/12/2024 | All Lecturers | Tutorials | +-----------------------+-----------------------+-----------------------+ | 9/12/2024 | All Lecturers | Revision - All topics | +-----------------------+-----------------------+-----------------------+ 07.10.2024 - Lecture 2 (Week 3) Speaking: Mrs. Umar & Ms. Udowoima What is Land in Law Assignment The Land Use Act has abolished pre -1978 Customary land tenure systems in Nigeria. Do you agree? NO - Answer - - - - - - - - - **[Pre Class Activity for 14.10.2024]** Throughout the lifetime of Pa. Adejare Oyelakin, the Head of the Oyelakin Family of Oke-Aro Village, Ogun State, the Oyelakin family was very united. Infact, the family Motto was: a threefold cord is not easily broken. Olaolu Oyelakin, the second son built a three-storey building on the family land, with each floor belonging to each branch of the family. After the death of Pa. Adejare Oyelakin, the family members were always at each other\'s throat due to disagreements over the distribution of property. Pa Adejare Oyelakin had other properties located in Abeokuta, lle-Ife and ljebu-lgbo. The Will of Pa. Adejare Oyelakin stated that the land upon which the family house was built as well as the property in lle-lfe must never be sold because it is the family property. **Question 1** a. b. c. 1. 2. 3. 4. 5. - - d. e. **Question 2** The Privy Council in **Amodu Tijani vs. Secretary Southern Nigeria** highlighted the salient features of customary land tenure system. Identify and discuss any (3) of these features. **Question 3** Comment on the rights of the following to inherit family/ Communal land: a. b. c. d. Comment on the following: a. b. c. d. **Question 4** a. b. 14.10.2024 - Lecture 3 (Week 4) Speaking: Mrs. Umar & Ms. Udowoima **[Customary Land Tenure Systems ]** It is the system of land holding indigenous to Nigeria Principles regulating it are uniform throughout the country but vary in details as a result of ethnocultural differences. **Nature of title to land under customary land tenure systems** The concept : land belongs to... The basic rule is that land belongs to the head of the family *Omoraka Ovie v. Onoriobokihie* *AMODU TIJANI V. SECRETAry southern nigeria* - this decision has been critised as not being good law. Individual ownership is alien to customary law. *Otogbolu v. okeluwa & ORS* - the principle that land belongs to a community or family will not apply. (it list exceptions where amodu tijani will apply - for reading) **Origin of communal land** 1. 2. 3. **Vesting of communal or family land** Ownership of communal land is vested in the community as a corporate institution, while family land is vested in the family. This is held in trust *Reiterated by king eleshi of odogbolu* **Management of communal/family land** It is held in trust by the headman ir family head as managers or trustees *The principle is stated by Heldene in Amodu Tijani v. Secfretary Southern Nigeria (1921)* The lad is held by the head of the famiy to be assisted with the principle members of the family. This is not the same as the common law trust. *Alli v. Ikusebiala (1985) 1 NWLR 630 - read* Management is seperated from ownership. **Distinction btw a trustee under common law and communal land** The communal head is not a trustee in the engkish conventional sense under cimmin law as communal land lacks the attribute if a trust proprty, namely the seoeration of interets in truust property into equitabke kegal ownership. *Omagbemi v. Numa (1923 ) NLR 12.* **Who is the communal/family head** A person saddled with the responsibility of managing the communal land is the communal head, the person managing the family land is the family head. **Whether a female child can become communal head** *Okafor v. Ubah - held that the family head is the Okpala (male)* *SC in Folami v. Cole - after the death if dawodu - male or female child can be* The general rule in most communities is that the female child cannot be the communal or family head. **Accountability of communal heads for communal land (2 school of thoughts)** - - **Duties of communal heads** - - - - - - Note: The excercise of these powers us subject to the individuals rights *Adewoyin v Adeyeye (1963)* *Oragbade v Onitiju (1962)* *Fadire v Abire (1959)* Note: The chief is cannot make an inconsistent grant of the same land to someone else *Asiyanbi v. Adeyanju* *Ebosie v. phil-ebosie* **Memebers interest in communal/family property** - - - - - - - - - **[Family property ]** This is property vested in property as a corporate entity. The individual memebr of the family has no seperate claim to the ownership to any part or the whole of the property. A member has no diposable interest in family peroperty either during his lifetime or under his will. **Creation of family property** 1. 2. 3. 4. - - **Use of family funds to acquire property** - - - **Rights of special familymembers in family property** - - - - - - - *Note: recent judicial authorities seem to water down the concept of no inheritance of female members to property of deceased as discriminatory. See Mojekwu v. Mojekwu.* *Also note: The principle of the repugnancy test in customary law has been invalidated.* **The duties of the family head** - - - - **The family head** - - - - - - **Appointment of the family head by members of the family** - - - **Accountability of the family head** - - **Principal members of the family** - - - **Alienation of family property** The transfer of land or interest in land from a land owning family to another person either permanently or temporarily. The basic rule for alienation is that there must be consent from all head of the family and principal members of the family. *rule/principle: Agbole v. Sappor (1947)12 WACA 107* **Effect of lack of consent** - - - - - **Distinction between void and voidable transfer** - - - - **Use of Power of attorney in the Mgt of the communal property** - - - - **Determination of family property** 1. 2. 3. *Note: try and clearly define the difference between founder, family head, principal members of the family, communal head etc.* **Categorization of right over land** 1. - - - - 1. 2. 3. 4. 5. 2. 1. 2. 3. 4. 5. 6. Lecture 4 wk 5 Mid-term wk 6 4.11.2024 - Lecture 5 (Week 7) 11.11.2024 - Lecture 6 (Week 8) Speaking: Ms. Memabassi Udowoima Mrs. Aisha M. Umar n **Nature and Types of Rights of Occupancy** *S5 & 6 LUA* Only a governor can give a certificate of occupancy within his jurisdiction except federal gov land. In a rural area local gov chairman, in an urban area the governor. Location will determine the type of right of occupancy that will be given to an applicant (*s51 LUA* classifies right of occupancy - statutory right - governor (can give certificate) & customary right - local government chairman (cannot give certificate) - of occupancy). *S.9 LUA* Empowers the governor in *(1)* granting the right and *(2)* issuing a certificate *Promasidor v Amsalco* defines right of occupancy. This right does not guarantee its owners ownership, only guarantees possession. *In the FCT who grants the right of occupancy (because they don\'t have a governor)? - the LUA is not applicable to the FCT, it is the president who grants this right, through its ministers.* *Does the FCT have deemed grants of occupancy? - does not apply because all lands belong to the federal capital territory through its agencies. (there\'s a 50 pages long case that needs to be read).* What is a deemed right of occupancy - when the law presumes that you have applied for a right of occupancy. Actual right of occupancy - when the governor grants the application. Power of the governor in granting right and certificate of occupancy - *Abioye & ORS v Yakubu compare the case of Mardanni (nig) ltd v. Umar (it is not enough to have a certificate of occupancy)*. We still need to go back to the underlying principles of *ukwukuw and odumagba (in this case, a certificate of occupancy will suffice) -* (in proving the title). *Is a certificate of occupancy the same as a letter of allocation? No* *Ogunleye v. Oni; \`adetokunbo Ademola v. Amao & ORS* - a certificate of occupancy evidences the existence of a right and does not in itself... A certificate of occupancy is a Prima facie title to the land - *Giwa v Anzaku*. **Customary right of occupancy** It is only a local government chairman that grants this right but only a governor can issue the certificate evidencing the right. See *Abioye v. Yakubu* and Tititloye.. **Validity of a certificate of occupancy** Formal validity [Essential validity ] - - *Who has the obligation to accept and pay for the CoO? The applicant.* **Conditions imposed on a certificate of occupancy** - **Issue of priortiy** *Dantubu v Adene* - where the question of priority arises **Procedure for the issuance of a certificate of Occupancy** - **Processing of the application** - **Allienation of right of occupancy** - - **Devolution of rights of occupancy on death** - - **Similarities btw trust under english law and trust under LUA** - - - - **Differences** - - **Consent provisions of the land use act** Meaning and nature od consent requiremt - agreement, approval or permissionm given voluntarily by a competent person which is legally effective or can make a transaction voidable. **The consent requirement in retrospect** - - **Governors consent** - - Implicstion of the consent provisions - Scope of the consent requirement under the act - **Procedure for obtaining governor consent in lagos, nigeria** (takes 30 days theoretically but in practiose can extend as long as 6 months or even 1 year) - **Effect of failure to obtain governors consent** - **Advantages of obtaining governors consent in respect of a land** - - - - - **Disadvantages** - - - - **When governors consent is not required** - - - Factors that promulgated the need for the act has been ooked at previously Critical analysis of section 1 of the land use act - - - The title that is reserved for nigerians over land is a right of occupancy -they are express/actual right of occupancy a right granted over land directly by the governor in respect of land in urban areas of the state (s.4, 5- statutory - right over land in urban areas, 6 - , ) and deemed in s.24 18.11.2024 - Lecture 9 (Week 10) Lecturer: Mr. Samuel A. Osamolu Ms. Memubasi **Revocation of right of occupancy** The power of the governor to revoke land for overriding public interest. This is covered in *s.28 of the land use act*. This power is exercised at the 3 tiers of government in Nigeria. The president is able to acquire any land in Nigeria for overriding public interest in any state. *S.44 of the 1999 constitution??* prohibits acquisition without prompt compensation. This prompt compensation is given where there is unexhausted economic improvement on the land. **Overriding public interest has 2 categories;** - 1. 2. - 1. 2. 3. **Procedure for revocation** - - - - **Examples of non-compliant service** - - - - **Grounds for penal revocation of the right of occupancy** Not every revocation will attract compensation - discuss. - penal revocation will not attract compensation. This is defined and discussed in section... For statutory - - - **Status of Land in FCT Under LUA** - - - **Effects of the incorporation of the LUA into the CFRN 1979** - - - **Amendment of the LUA - implication of the LUA into the 1999 Constitution.** - **Devolution of right of occupancy** It can be inherited and given as a right of occupancy. It is provided for in *s. 24 of the LUA*. This devolution is determined by the nature of the right of occupancy. If it is customary, it will be regulated by the law in which the land is situated, also known as the *lex situs*. - ***Class Activity*** *Answer to Q1* 1. - 2. - 3. - 4. 5. 6. 7. 19.11.2024 - Lecture 10 (Week 10) Lecturer: Mr. Samuel A. Osamolu **Introduction to Mortgages** Securitization - it is the process of ensuring that a loan is not left bare and that there is security that provides a fallback in the event that the borrower is unwilling to pay the loan, there is a security to fall back on. The means of securing the transaction varies; mortgage, charge etc. Collateralization - the process of collateralizing a title to land so it can serve as security in order to recoup the secure loan. In other words, you collateralize to securitize. The case - of *Savannah Bank v Ajilo* will be important to mortgage *Note: A good root of title must convey equitable and legal interest - the authority on this is ogunleye v oni*. The classical definition of a mortgage - is the conveyance of proprietary interest in land as security with understanding that there will be reconveyance upon ceaser and redemption. Also check *black law definition* (defines a mortgage as an interest in land created by a written instrument providing security for the performance of a duty or the payment of a debt). It is not the primary source of repayment. It is not the first recourse of payment. The modern definition of a mortgage - see definitions from ratio decidendi of recent cases. If a mortgage is taken it is registered at the land registry, if corporate it is registered at CAC. **Essentials of a valid mortgage** - - - - - **Principles to note about mortgage** - - - - - **The rights of a Mortgagor (Borrower)** - - - **Parties to a mortgage** - - - - **Rights of Redemption** - - - - **The role of Solicitors** - - - - **Legal Mortgage (a type of mortgage)** **Creation of Legal Mortgages in Nigeria** It is not uniform and there are different laws that are regulated in nigeria. It is regulated by Lex situs i.e where the land is situated. **The 3 major laws that regulate Mortgages in Nigeria** - - - - - - - - - - - - **Creation of Equitable Mortgage** 1. 2. 3. 4. 5. **Tutorial question** 1.