LEGAL PRINCIPLE: LAND LAW — Compulsory Acquisition — Requirement of Vesting Order or Certificate of Title Before 1st July 1976
PRINCIPLE STATEMENT
The issuing of a public notice of acquisition did not per se immediately vest or confer title to the land in issue in the Government until a certificate of title to the whole or any part of the land is subsequently obtained and registered at the Land Registry.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 9; Paras C–D.
"The issuing of a public notice of acquisition did not per se immediately vest or confer title to the land in issue in the Government until a certificate of title to the whole or any part of the land is subsequently obtained and registered at the Land Registry."
EXPLANATION / SCOPE
Public notice of acquisition alone does not vest title in the government. A certificate of title must be obtained and registered at the Land Registry. The principle applies to land law and compulsory acquisition before 1st July 1976. The rule distinguishes between notice and actual vesting of title. Government acquires legal title only upon registration of certificate. Public notice is merely a preliminary step, not title-conferring.
