AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

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✎: AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

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Keywords: AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

 

RESEARCH BODY

TABLE OF CONTENTS
Table of Cases- – – – – – – – – -vii
List of Statutes – – – – – – – – -xi
Abbreviations– – – – – – – – – xii
Table of contents – – – – – – – – -xiii

CHAPTER ONE: GENERAL INTRODUCTION
1.1 Introduction – – – – – – – – 1
1.2 Aim and Objectives of the Research – – – – – 2
1.3 Scope of the Research – – – – – – – 2
1.4 Statement of the Problem – – – – – – 3
1.5 Justification of the Research – – – – – – 6
1.6 Literature Review – – – – – – – 6
1.7 Methodology – – – – – – – 12
1.8 Organizational Layout – – – – – – 12
CHAPTER TWO: ANALYSIS OF THE NATURE AND SCOPE OF RIGHT OF
OCCUPANCY
2.1 Introduction – – – – – – – 14

2.2 Types of Right of Occupancy – – – – – 15
2.3 Statutory Right of Occupancy Expressly Granted – – – 15
xiv

2.4 Statutory Right of Occupancy Deemed Granted – – – 16
2.5 Customary Right of Occupancy Expressly Granted – – 18
2.6 Customary Right of Occupancy Deemed Granted – – – 19
2.7 Acquisition of Right of Occupancy by Acts of Parties – – 21
2.8 Acquisition of Right of Occupancy by Court Order – – 21
2.9 Contents of Rights of Occupancy – – – – – 22
2.10 Duties and Obligations of a Holder of a Certificate of Occupancy- 22
2.11 Rights of a Holder of a Certificate of Occupancy – – – 23
2.12 Nature of Interest Created by Right of Occupancy – – – 24
2.13 How to Obtain a Certificate of Occupancy (For both Actual and
Deemed Grants) – – – – – – – – 25
2.14 Effect of Grant of Right of Occupancy by the Governor
CHAPTER THREE: ALIENATION OF RIGHT OF OCCUPANCY.

3.1 Introduction – – – – – – – – 30
3.2 Meaning of Alienation – – – – – – 32
3.3 Nature and Scope of Alienation – – – – – 34
3.4 Types of Alienation – – – – – – – 35
3.5 Consequences of Alienation without Requisite Consent – – 38
3.5 Legal Restriction on Alienation of Land – – – – 41
CHAPTER FOUR: AN ANALYSIS OF THE REQUIREMENT OF GOVERNOR’S CONSENT FOR ALIENATION UNDER LAND USE ACT. 4.1 Introduction – – – – – – – – 46
4.2 Brief History of Governor‟s Consent.- – – – – 46
4.3 Emerging Issues in Governor‟s Consent since Savannah Bank v. Ajilo 53
4.4 Problems with Securing Consent: – – – – – 63
xv

4.5 The Point at Which Governor‟s Consent Is Required. – – 68
CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – 70
5.2 Observations/Findings – – – – – – 71
5.3 Recommendations – – – – – – – 73
5.4 Conclusion – – – – – – – – 75
Bibliography – – – – – – – – 76

 

ABSTRACT
One of the problems this research discovers is that of conflict of interpretation of the requirement of consent provision as provided under sections 21 and 22 of the Land Use Act. This problem leads to conflicting decisions by the Apex court, the development that always puts the lower courts in dilemma as to which of the decisions of the court to apply in cases relating to alienation of land. Another problem the research discovers is that of noncompliance in that the cumbersome nature of the consent requirement makes people to alienate land without complying with the requirement of the law. Therefore, the research appraised and analyzed consent requirement, the hardship meted out by its interpretation by the courts. It also looked at the issues and challenges of the research and finally proffered some solutions to same. The methodology adopted in this work is doctrinal which is library oriented. The research found that there is conflict of decisions by the courts on cases relating to alienation of land. It also found that consent requirement is too wide, thus making the powers of the governor to be discretionary and cannot be challenged even by the holder himself. It again found that people engage in land transaction without complying with the requirement of the law. Finally, it has been recommended that the apex court should judicially and judiciously look at their previous decisions on consent requirement in order to avoid conflict of interpretations. It also recommended that consent clause should completely be removed or time limit for governors to give consent be fixed and if it expires, consent should be deemed granted. Banks need to be very careful by ensuring that mortgagors obtained consent and from proper authority.

Keywords: AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

 


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Keywords: AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

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