LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 39(1)(a) — Exclusive Jurisdiction of High Court over Land Subject to Statutory Right of Occupancy
PRINCIPLE STATEMENT
Section 39(1)(a) of the Land Use Act vests exclusive original jurisdiction in the High Court in respect of proceedings for a declaration of title to a statutory right of occupancy granted by the Governor or deemed to have been granted. A Customary Court lacks jurisdiction to hear such a case.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Erhunmwunse v. Ehanire (2003) NLC-1011999(SC) at p. 9; Paras A–D.
"Section 39 subsection (1)(a) of the Land Use Act, Cap. 202, which vests exclusive jurisdiction in the High Court with regard to first instance proceedings in respect of land which is the subject of a statutory right of occupancy, provides as follows:- '39(1) The High Court shall have exclusive original jurisdiction in respect of the following proceedings - (a) proceedings in respect of any land the subject of a statutory right of occupancy granted by the Governor or deemed to have been granted by him under this Act; and for the purposes of this paragraph, proceedings includes proceedings for a declaration of title to a statutory right of occupancy.' It follows that the Oredo Area Customary Court lacked the jurisdiction to hear the case."
EXPLANATION / SCOPE
Section 39(1)(a) of the Land Use Act gives the High Court exclusive jurisdiction. The principle applies to land law. Customary Courts cannot handle statutory rights of occupancy. The rule is statutory and mandatory. Proceedings in Customary Courts are void. The principle is well-established.
