LAND LAW — Revocation of Statutory Right of Occupancy — Effect on Subordinate Interests — Extinguishment of Rights
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 17; Paras A—C:
"Once Exhibit B is revoked, the appellant and respondent no longer have any rights to the Plot. All their rights stand extinguished. Their only remedy is compensation as provided by Section 44(1) of the Constitution. It is strange to suggest that with the revocation of Exhibit B the appellants interest therein is transferred to Exhibit A. That is not the position in Law or Equity."
Explanation / Scope
This principle establishes that upon revocation of a statutory right of occupancy, all rights of the holder and subordinate interests are extinguished, and the only remedy is compensation under Section 44(1) of the Constitution. The principle applies where rights of occupancy are revoked. It ensures that extinguished rights are not transferred. The principle reflects the effect of revocation. It prevents claims to revoked property. The court must recognize extinguishment. The principle provides guidance on revocation of rights of occupancy.