Home » Nigeria » Land Use Act 2004 » Section 39-42 of the Nigerian Land Use Act 2004

Section 39-42 of the Nigerian Land Use Act 2004

Section 39-42 of the Land Use Act 2004

Section 39, 40, 41, 42 of the Land Use Act 2004 is under PART VII (Jurisdiction of High Courts and other courts) of the act.

Section 39 of the Land Use Act

Jurisdiction of High Courts

(1) The High Court shall have exclusive original jurisdiction in respect of the following proceedings:-
(a) proceedings in respect of any land the subject of a statutory right of occupancy granted by the Governor or deemed to be granted by him under this Act; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a statutory right of occupancy.
(b) proceedings to determine any question as to the persons entitled to compensation payable for improvements on land under this Act.
(2) All laws, including rules of court, regulating the practice and procedure of the High Court shall apply in respect of proceedings to which this section relates and the laws shall have effect with such modifications as would enable effect to be given to the provisions of this section.

See also  Section 21-27 of the Nigerian Land Use Act 2004

Section 40 of the Land Use Act

Special provisions in respect of pending proceedings

Where on the commencement of this Act proceedings had been commenced or were pending in any court or tribunal (whether at first instance or on appeal) in respect of any question concerning or pertaining to title to any land or interest therein such proceedings may be continued and be finally disposed of by the court concerned but any order or decision of the court shall only be as respects the entitlement of either of the parties to the proceedings to a right of occupancy, whether statutory or customary, in respect of such land as provide in this Act.

Section 41 of the Land Use Act

Jurisdiction of area courts or customary courts, etc.

An area court or customary court or other court of equivalent jurisdiction in a State shall have jurisdiction in respect of proceedings in respect of a customary right of occupancy granted by a Local Government under this Act; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a customary right of occupancy and all laws including rules of court regulating practice and procedure of such courts shall have effect with such modification as would enable effect to be given to this section.

Section 42 of the Land Use Act

Proceedings for recovery of rent in respect of certificate of occupancy, etc.

(1) Proceedings for the recovery of rent payable in respect of any certificate of occupancy may be taken before a Magistrate Court of competent jurisdiction by and in the name of the Chief Lands Officer or by and in the name of any other officer appointed by the Governor in that behalf.
(2) Proceedings for the recovery of rent payable in respect of any customary right of occupancy may be taken by and in the name of the Local Government concerned in the area court or customary court or any court of equivalent jurisdiction.

See also  Section 16-20 of the Nigerian Land Use Act 2004

Credit:
fao.org
https://www.lawyard.ng/wp-content/uploads/2015/11/LAND-USE-ACT-2004.pdf

More Posts

Section 47 EFCC Act 2004: Short Title

Section 47 EFCC Act 2004 Section 47 of the EFCC Act 2004 is about Short Title. This Act may be cited as the Economic and Financial Crimes Commission (Establishment,

Section 46 EFCC Act 2004: Interpretation

Section 46 EFCC Act 2004 Section 46 of the EFCC Act 2004 is about Interpretation. In this Act – Interpretation “Commission” means the Economic and Financial Crimes Commission established

Section 45 EFCC Act 2004: Savings

Section 45 EFCC Act 2004 Section 45 of the EFCC Act 2004 is about Savings. The repeal of the Act specified in section 43 of this Act shall not

Facebook
Twitter
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world, among others