LEGAL PRINCIPLE: FAMILY LAW – Rights of an Allottee – Allottee Owns Superimposed Structures Erected by Personal Effort
PRINCIPLE STATEMENT
Although the land does not belong to the allottee, he has ownership of whatever he superimposes on the land by his own personal efforts.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Agbomeji v. Bakare (1998) NLC-3121991(SC) at pp. 28–29; Paras B–D.
"Although the land does not belong to him the allottee, in my respectful view, has ownership of whatever he superimposes on the land by his own personal efforts."
EXPLANATION / SCOPE
An allottee of family land owns the structures he builds on the land. The principle separates ownership of land from ownership of improvements. The allottee may claim compensation for improvements. The rule applies to family land and customary tenure. The landowner cannot appropriate the structures without compensation. The allottee’s rights are equitable. The court will protect the allottee’s interest in improvements. The principle promotes fairness. The allottee may be entitled to remove the structures or claim their value. The rule is based on the law of fixtures and unjust enrichment.
