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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Laying the proper foundation for the determination of courts jurisdiction on land matters: hints to the Supreme Court of Nigeria
Author:Olatoye, K.A.
Periodical:Journal of Oriental and African Studies
Geographic term:Nigeria
Subjects:land law
supreme courts
Abstract:Of all legislation hitherto promulgated in Nigeria, none has generated as much controversy, divergence in the interpretation of its provisions, and discourse in academic circles, as the Land Use Act of 1978. The jurisdictional controversy surrounding the high courts in land matters vis--vis section 41 of the Act is engendered by the classification of land rights into statutory and customary rights of occupancy. The present paper examines the controversy generated by section 41 of the Land Use Act regarding the jurisdiction of the high courts on land matters. Furthermore, it focuses on the manner in which the judicial pendulum on the subject matter has hitherto swung in the Nigerian courts. Finally, the paper offers a critique of the latest position of the Supreme Court of Nigeria on this subject matter as expressed in the case of Adisa v Oyinwola (2000). Notes, ref., sum. [ASC Leiden abstract]