Osho V Foreign Finance Corporation

In Osho V Foreign Finance Corporation the right of occupancy was revoked and granted to another for private business. Uzowuaka 2009 All FWLR Pt.

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Dorothy Nelson Senior Lecturer Department of Private Law University of Uyo in her article An Examination of the Right to Compensation for Compulsory Acquisition of Land in Nigeria discusses the right to compensation under the Land Use Act and argue that while compulsory acquisition may be necessary for societal growth acquisition via revocation of interest must scrupulously comply with the template laid by the Supreme Court in the case of Osho v Foreign Finance Corp.

Osho v foreign finance corporation. And Ohochukwu v Attorney General of Rivers State and Others. Foreign Finance Corporation supra at 193. Onuorah 2001 FWLR 208.

Foreign Finance Corporation 1991 4 NWLR Pt. Self-help is not an option-Osho V Foreign Finance Corporation. Kasunmu SAN for 2nd and 3rd defendantsappellants.

Goldmark Nigeria Limited and Others v Ibafon Company Limited and Others. Also in Lagos State Development and Property ors v Foreign Finance Corporation 33 Ademola JCA stated The right of occupancy is in nature a hybrid between a license and a lease for a fixed term and conditions which upon breach by the holder is subject to revocation by the Governor while the Supreme Court held contrary view on the matter in savanna bank Nig Ltd v Ajilo 34 and Osho v Foreign Finance Corporation 35 which express right of occupancy as a form of mortgage. Learned Senior Advocate submitted on issue No 2 that the notices given to the respondent to give up possession of the.

The interest of a lessee in land is not exactly the same as that of a holder of a right of occupancy. FOREIGN FINANCE CORPORATION AND. Sole Administrator for Ibadan City Council 1971 1 NMLR 74 11 S.

Ajibulu 1991 6 NWLR Pt. 285 Land Use Act. Alhaji Tsoho Dan Amale v Sokoto Local Government and Others.

Osho vForeign Finance Corp. 5 The commencement and duration of the term of the lease must also be clearly stated. Ajibulu 1991 6 NWLR Pt.

See Osho v Foreign Finance Corporation 1991 4 NWLR Part 184 157 In Nlewedim v Uduma 1995 6 NWLR Part 402 383 this Court held that a lease to be valid and enforceable must contain the following- 1 The parties concerned. Foreign Finance Corporation described the nature of the interest created by a right of occupancy in the following terms. Also in Lagos State Development and Property ors v Foreign Finance Corporation 33 Ademola JCA stated The right of occupancy is in nature a hybrid between a license and a lease for a fixed term and conditions which upon breach by the holder is subject to revocation by the Governor while the Supreme Court held contrary view on the matter in savanna bank Nig Ltd v Ajilo 34 and Osho v Foreign Finance Corporation 35 which express right of occupancy as a form of mortgage.

Foreign Finance Corporation 1991 4 NWLR Pt184 157 learned Senior Advocate enumerated the requirements of a valid lease. The premises to be leased. 2 The property involved.

Foreign Finance Corporation with a view to throwing more light on the issues that arise. Foreign Finance Corporation 1991 4 NWLR Pt. Perhaps it should be emphasized that the essential terms of an agreement for a lease are the identification of the lessor landlord and the lessee tenant.

In the case the case of Osho v. The Court of Appeal also has the power of overruling and this power is exercisable in the following circumstances. The Military Governor Mid-Western State of Nigeria 1974 1 All NLR Pt.

Foreign finance corporation and anor. In 2012 the Supreme Court of Nigeria delivered three decisions on the compulsory acquisition of land or the revocation of occupancy rights. The court declared the revocation as invalid.

1991 1 NWLR Pt. 157 193 and Anyanwu v. In Ereku V Military Governor of Midwestern State the court held that the purpose for which the Right of Occupancy is granted must be truly public.

2 163 Ajao Anor. The court of equity may grant the tenant a relief against forfeiture thereby allowing the tenant to tender rent even after the landlord has re-entered possession-Ribiero V Chahin except the premises is used for immoral purposes-Egarton V Explanade Hotels Taiwo V Akinwunmi. 2 163 Ajao Anor.

Sole Administrator for Ibadan City Council 1971 1 NMLR 74. 2000 15 NWLR Pt691 597. Where its earlier decision although not expressly overruled cannot stand with a decision of the Supreme court as seen in Osho v Foreign Finance Corporation 1991 4 NWLR PT 184 157.

LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION. 285 Land Use Act. The lease must have a certain or ascertainable commencement date and duration.

Awolowo Jnr for plaintiffrespondent EDITORS. Foreign Finance Corporation 1991 4 NWLR Pt. The Supreme Court of Nigeria in 1991 in the case of Osho Vs.

184 157 was referred to to the effect that the legal position in this country it that the Court of Appeal and other courts are bound by the decision of this court. The Military Governor Mid-Western State of Nigeria 1974 1 All NLR Pt. FOREIGN FINANCE CORPORATION 1991 4 NWLR PT184 157 at 194 where it was held that-An acquiring authority cannot rob Peter to pay Paul by depriving one citizen of his interest in property and vesting the same on another.

We shall then inquire into the legal basis for distin-guishing a certificate of occupancy from other certificates of title. The Appellant is under the canopy of the Supreme Court authority in OSHO V. Commencement and duration of the term which made it resemble a lease vide Osho v.

The answer to this question provides an insight into the adjoining issue of the registrability. BAO MOTORS LIMITED REPRESENTATION.

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