Section 40 Land Use Act

Section 40 of the Nigerian Land Use Act is about Special provisions in respect of pending proceedings. It is under Part VII (Jurisdiction of High Courts and other courts) of the Act.

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.