CORAM
S.M.A BELGORE JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
E.O. OGWUEGBU JUSTICE, SUPREME COURT
S.U. MOHAMMED JUSTICE, SUPREME COURT
PARTIES
ALHAJI AMUSA AKINTOLA
APPELLANTS
CHIEF SALAMI OYELADE
RESPONDENTS
AREA(S) OF LAW
LAND LAW – CUSTOMARY TENANCY-THE LAND USE ACT
SUMMARY OF FACTS
The appellant entered into the land in dispute which they granted to the respondents as customary tenants to reap economic trees in accordance with the term of grant.
HELD
The court held that the appellants cannot be held liable in trespass and that the land use act has not abolished the incidents of customary tenancy.
ISSUES
Whether the court of appeal was right when it held the appellants liable in trespass on the ground that the land use act has abolished the incidence of customary tenancy.
RATIONES DECIDENDI
PURVIEW OF THE LAND USE ACT
‘The Land Use Act… takes away the freehold title vested in individuals or communities but not the customary right of use and control of the land.’ Per Kutigi J.S.C
CONDITIONS FOR CUSTOMARY TENANCY
‘A customary tenant remains a customary tenant subject to the condition or conditions attached to the customary tenancy.’ Per Kutigi J.S.C
CASES CITED
Onwuka & Ors. v. Ediala & Anor (1989) 1 NWLR. (Pt. 96)182
STATUTES REFERRED TO
The Land Use Act