Application of the doctrine of adverse possession under English and Nigerian law: A comparative study
Smith, Imran
Smith, Imran
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2021-06-04
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Thesis
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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.
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NUI Galway
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Attribution-NonCommercial-NoDerivs 3.0 Ireland