Application of the doctrine of adverse possession under English and Nigerian law: A comparative study
View/ Open
Date
2021-06-04Author
Smith, Imran
Metadata
Show full item recordUsage
This item's downloads: 2889 (view details)
Abstract
This thesis engages a comparative study of the application of the doctrine of adverse
possession under English and Nigerian law. Whilst the pre-colonial geographical
entity which later became known as Nigeria had both the customary and Islamic
systems of land tenure in place before the British rule, the ensuing colonial
administration facilitated the reception of English law which introduced the English
land tenure system including the doctrine of adverse possession into Nigeria, subject
to local circumstances and local legislation. Consequently, a plural system of land
tenure emerged with an attempt by the Land Use Act enacted in 1978 to consolidate
them and streamline the system of landholding in the country. This historical
background informed this comparative study of the application of the doctrine of
adverse possession in its pristine form under English law (applicable in England and
Wales), and its application in Nigeria - a country driven by a plural legal system.
Using the qualitative/doctrinal research methodology, the thesis engages an inquiry
into the application of the doctrine of adverse possession under English and
Nigerian law against the backdrop of the peculiarities of the prevailing social
circumstances and divergent legal systems applicable in the jurisdictions under
study. A summary of the findings in this thesis is that whilst the doctrine of adverse
possession may be of general application in the common law and civil law
jurisdictions, the historical evolution of the Nigerian legal system, the peculiar social
circumstances of the Nigerian land tenure systems, the divergent pieces of local
legislation and the extant state land policy, have streamlined the application of the
English doctrine of adverse possession in Nigeria.