LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 5(2) — Extinguishment of Existing Rights Under Section 5(2)
PRINCIPLE STATEMENT
Upon the grant of a statutory right of occupancy under section 5(1), all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ibrahim v. Mohammed (2003) NLC-591997(SC) at pp. 11–12; Paras A–C.
"Upon the grant of a statutory right of occupancy under the provisions of sub-section (1) of this section, all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished."
EXPLANATION / SCOPE
Section 5(2) extinguishes only rights to use and occupy, not proprietary title. The principle applies to the Land Use Act. The rule distinguishes between use rights and ownership. The holder of a statutory right of occupancy retains proprietary interest. The principle is well-established.