LEGAL PRINCIPLE: LAND LAW — Statutory Right of Occupancy — Validity of Subsequent Grant — Subsisting Prior Grant Renders Later Grant Invalid
PRINCIPLE STATEMENT
Where there is a subsisting right of occupancy, it is good against any other right. The grant of another right of occupancy over the same piece of land is merely illusory and invalid.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC (as adopted by Edozie, JSC), in Ilona v. Idakwo & Anor (2003) NLC-971999(SC) at p. 18; Paras A–C.
"Where there is a subsisting right of occupancy, it is good against any other right. The grant of another right of occupancy over the same piece of land will therefore be merely illusory and invalid."
EXPLANATION / SCOPE
A prior valid right of occupancy prevails over a later grant. The later grant is invalid. The principle applies to land under the Land Use Act. The rule protects vested rights. The grantor cannot convey what he no longer has. The principle is well-established.