LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 5(2) — Extinguishment of existing rights — Meaning of “existing rights”
PRINCIPLE STATEMENT
The rights envisaged in section 5(2) of the Land Use Act are not rights of occupancy but merely rights to use or occupy the land, such as a license or usufruct. These do not confer a vested right in the land nor create any encumbrance.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Dantsoho v. Mohammed (2003) NLC-511996(SC) at p. 20; Paras B–D.
"The rights envisaged in section 5(2) are not those, for instance, which a person enjoying them is entitled to alienate but they are just the rights to use or to occupy the land. They are not rights of occupancy in contradistinction to rights to occupation. A right to the occupancy of land may simply be a license, which by its nature does not confer a vested right in the land, and does not create any encumbrance thereon. So also a right to the use of land may be a mere usufruct."
EXPLANATION / SCOPE
Section 5(2) extinguishes only rights to use or occupy, not rights of occupancy. The principle distinguishes between different types of rights. The rule protects holders of statutory rights of occupancy. The court will not interpret the section broadly. The principle is well-established.