LEGAL PRINCIPLE: LAND LAW — Land Use Act 1978 — Deemed Statutory Right of Occupancy — Developed Land in Urban Area Vested in Heirs
PRINCIPLE STATEMENT
Where land was vested in heirs before the Land Use Act came into effect, and the land is developed and located in an urban area, the land continued to be vested in the heirs, who are deemed holders of a statutory right of occupancy.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ilona v. Idakwo & Anor (2003) NLC-971999(SC) at pp. 17–18; Paras D–A.
"Since the land in dispute was vested on the heirs or successors of the respondents' father from 9th October, 1976 when he died till 1978 when the Land Use Act came into effect and the land being developed and located in an urban area, the land continued to be vested in the said heirs or successors of the respondents' father and are deemed to be holders of a statutory right of occupancy in respect of that land."
EXPLANATION / SCOPE
Heirs of developed urban land are deemed holders of statutory rights of occupancy. The principle applies to the Land Use Act. The rule protects vested interests. The heirs continue to hold the land. The court will recognise the deemed right. The principle is well-established.