Land Litigation in Nigeria (Practice and Procedure)

Book Review 

Title:          Land Litigation in Nigeria 

(Practice and Procedure)

Author:       Hon. Justice Abiodun A. Akinyemi  FCIArb

Publisher:   Renaissance Law Publishers  Limited 

Date of Publication: 2022

Hardcover:  978-978-996-327-0

Number of Pages:    586

Name of Reviewer:  Professor Justus A. Sokefun, PhD

Introduction

The book contains 13 Chapters of 586 pages on topics in both substantive and procedural issues in Land Law in Nigeria. It commences with a comprehensive discuss on the concept of land, and moves into the sources of Nigerian Land Law and takes the reader through the more technical, aspects of land law, like land rights, Certificate of Occupancy, Limitation of Action, among others. It is against this background that I shall attempt a Review of this book. 

Beneficiaries of the Book

The author, gives an insight into the beneficiaries of the book and the benefits contained therein. He outlines five categories of persons as follows;

(a) Legal Practitioners, Judges, Students, Lecturers and Others.

He asserts, in no ambiguous terms that; “This is not another textbook on Land Law, but a practice guide to the application of land law to live cases before our courts”. He gives a caveat however, that, “It does not exhaust land law concepts, subjects and principles, but attempts to highlight and treat, many of the issues that usually arise for determination in a typical land case before a Nigerian Court”.

All these are eminently complemented by His Lordship, Hon. Justice Olukayode Ariwoola, Chief Justice of Nigeria, in his Foreword to this great work as follows: “I have no doubt at all, that Lawyers, Judges, Students and Law Teachers and indeed, all persons involved or interested in the subject of land litigation, will find this book useful”.

Quality Control

A significant feature of this book, is that it is a product of a tremendous peer- review process by academics, legal practitioners and Jurists. 

Key Issues Raised in the Chapters

The author captures the essence of land in the words of Omotola, as follows: “Every person requires land for his support, preservation and self-actualisation, within the general ideals of the society. Land is the foundation of shelter, food and employment. Man lives on land during his life and upon his demise, his remains are kept in it permanently. Even where the remains are cremated, the ashes eventually settle on land. It is therefore, crucial to the existence of the individual and the society”. It is from this background, that the various theories and concepts of land arose.

To this, at page 13, the author adds a discussion on the hallowed land law maxim of Quic Quid Plantatur solo solo cedit. He cites the Supreme Court authority of NEPA  v AMUSA (1976) 12 SC 99 at 114.

The principle of quic quid plantatur solo solo cedit applies, that once the Plaintiff is adjudged to be the owner of the land, the land altogether, with what is on it automatically becomes his. In other words, the maxim means whatever is affixed to the soil belongs to it. The author provides the exceptions to that rule at page 17; the rule and customary law at page 22 and under the Land Use Act at page 25.

Chapter 2 discusses Land Rights, Land Judgements and the doctrine of Lis Pendens. That chapter discusses the constitutionality of Land Rights; Rights under the Land Use Act, and Rights of Occupancy. Perhaps, the most controversial of the topics in this chapter is Lis Pendens. In application to Land Law, the author attempts a definition of this doctrine at page 65 as follows; “….where there is a subsisting litigation in respect of a landed property, and one of the parties to it transfers or purports to transfer the title to a third party by sale or any other means, the transaction is legally ineffective’. 

Chapter 3 is titled ‘Jurisdiction of Courts and Commencement of Land Actions’. Here, he provides a short treatise on procedural and substantive jurisdiction; original and appellate jurisdictions, as well the modes of commencement of legal actions. 

Chapter 4 is all about the parties to a land case. As a guide, the author states that the party suing or being sued must be a juristic person, and must have an existing legal right in the land. Other practical aspects of that chapter include joinder of parties, application for joinder and representative suits.

Chapter 5 is on ‘Cause of Action and Limitation of Actions’. Citing Oteri Holding Ltd v Oluwa (2021) 4 NWLR (Pt.1766) Page 334, the author suggests the definition of cause of action as follows, “….. the set of facts averred by a claimant, which if proved, will entitle him to a remedy against the defendant “. For ease of reference at page 127, he provides the components of a cause of action. 

The author provides a comprehensive discussion of the doctrine of Limitation of Action, commencing from page 140 to 155. 

In chapter 6, he discusses Nigerian Land Tenure Systems. He takes the reader through communal ownership, headship of community, family property, alienation of family property, Litigation involving family property, partition of family land, Customary tenancy and Islamic Law, among others. 

Chapter 7 is titled “Acquisition and Proof of Title to Land’: This chapter discusses the various ways by which a person can acquire title in land. Part B  thereon, discusses the Proof of Title to land.

Chapter 8 gives a comprehensive discourse on ‘Actions for Declaration of Title, and Trespass to Land’. It commences with the “Necessary constituents” in “Declaration of Title”. It discusses practical issues encountered by practitioners and judges, in land matters. These include Root of Title, Ownership, Identity of Land, Survey Plan, among others.

Chapter 9 is on ‘Registration of Titles and Instruments’. The author provides a distinction between the land title registration, and land instrument registration. He posits that one is a record of ownership, while the other is a record of transactions. 

Chapter 10 is on Compulsory Acquisition of Land. He takes the reader through the constitutional basis for acquisition; onus of proof of acquisition; meaning of “public interest or public purpose”; “Acquisition Notice; compensation” and “Excision of Acquired Land”.

In Chapter 11, the author, in discussing the title “Mortgages”, discusses the definition of a Mortgage; Types of Mortgages and distinction between them; Characteristics of a Mortgage; Rights in a Mortgage; Governor’s Consent to Mortgage; Foreclosure and Release. 

Chapter 12 is on Leases and Tenancies. He takes the reader through the definition of a lease, as well as its requirements. Part B of that chapter discusses Tenancies; its categories, difference between tenancy and license, procedure for Recovery of Premises, Determination of Tenancy and Statutory Notices.

The last chapter of this work, is on Reliefs and Remedies in Land Matters. The author tickles the mind of the reader in the first paragraph of that chapter by warning as follows;

“Even where a relief is consequential and therefore, within the court’s inherent powers to grant………..it is better to err on the side of caution, by seeking for it specifically”. 

He thereon goes into the Interlocutory Reliefs, and provides a fascinating dialogue on interim and interlocutory injunction and the principles that guide them.

Strength of the Publication

One veritable strength of this book, is the reduction of technicalities in its expressions. The sections on limitation of action, commencement of action and lis pendens provide informative avenues in the defence of land matters.

The chapters are serialised and the references, particularly judicial decisions, are clearly referenced as footnotes, thereby giving the reader the opportunity to concentrate on the main text.

The Author

The author is a Judge of the High Court of Justice, Ogun State and former Chairman, Ogun State Judicial Commission of Inquiry on Land Matters. He is a Notary Public, and a Fellow of the Chartered Institute of Arbitrators.

Conclusion 

This book is an inseverable companion to the law student, a guide to legal practitioners, a bundle of useful research information to lecturers, a valuable source of assistance to the Judge, and a repository of information on land law to others. It is recommended for the use of students, legal practitioners, jurists, and all persons interested in Land Law.