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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Existing leases and the rights of occupancy system in Nigeria
Author:Oshio, P.E.ISNI
Year:1989
Periodical:Zambia Law Journal
Volume:21
Pages:36-50
Language:English
Geographic term:Nigeria
Subjects:land law
tenancy
Abstract:Nigeria's Land Use Act 1978 abolished individual landownership in favour of a uniform State ownership system, called the rights of occupancy system. By sections 34 and 36 of the Act, citizens' existing interests in land are transformed into rights of occupancy and preserved, so that in place of a citizen's former ownership right is now an occupancy right. The present article investigates the position of leases created before the commencement of the Act. In particular, it determines who, as between the lessor and the lessee, is entitled to the right of occupancy subject of the lease. It does so in respect of land in both urban and nonurban areas. It also looks at some practical problems arising from the construction of sections 34 and 36 as they affect leases created before the Act. These relate to long and short leases, as well as the continued liability of the lessee to pay rent to the lessor. In view of the problems associated with the interpretation of the Act, the author recommends that the Land Use Act be amended to maker clearer provisions for leases created before the Act.
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