LEGAL PRINCIPLE: LAND LAW – Revocation of Right of Occupancy – Notice Requirements – Strict Compliance Mandatory
PRINCIPLE STATEMENT
Since revocation of a statutory right of occupancy deprives the holder of proprietary rights, the provisions of the Land Use Act as to the mode of revocation must be strictly complied with; failure to serve notice as required renders the revocation null and void.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nigeria Engineering Works Ltd. v. Denap Ltd. & Anor (2001) NLC-1631997(SC) at pp. 40–41; Paras A–A.
"Since the revocation of a person's statutory right of occupancy deprives the holder of his proprietary right, the provisions of the Land Use Act as to the mode of such revocation must be strictly complied with. And where a revocation was not in the manner and in accordance with the provisions of the Land Use Act such revocation is invalid, null, and void. Every revocation of a person's right of occupancy must be preceded by a notice to that effect duly served in accordance with section 44 of the Land Use Act. Where there is non-compliance with this provision as to service of notice the revocation will be null and void."
EXPLANATION / SCOPE
Revocation of a statutory right of occupancy deprives the holder of proprietary rights. Therefore, the statutory requirements for revocation must be strictly complied with. The Land Use Act requires notice to be served in accordance with section 44. Non-compliance with the notice requirement renders the revocation invalid, null, and void. Substantial compliance is insufficient—strict compliance is mandatory. The principle protects holders of rights of occupancy from arbitrary deprivation. The government must follow the prescribed procedure exactly. The court will declare any revocation not complying with the notice provisions void. The holder need not prove prejudice; non-compliance is fatal.