Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

APPRAISING THE RIGHT TO ACQUIRE AND OWN IMMOVABLE PROPERTY IN NIGERIA AND SOUTH AFRICA.

Author(s): Michael Obiora Ifeanyi Nwabuoku, Peter Ikechukwu Gasiokwu

The paper appraises the right to acquire and own immovable property in Nigeria and South Africa. It highlights the modes and problems of land acquisition in both jurisdictions. Fundamentally, it states that the right to acquire and own immovable property in Nigeria and South Africa is a constitutional right as it is contained in section 43 of the Constitution of the Federal Republic of Nigeria 1999 as amended. It states that this right has been abused by the government through her officials by not complying with section 28 of the Land Use Act 1978 pertaining to compulsory acquisition of land for overriding public interest; non-service of notice and among others. This has resulted in the instituting of plethora of cases in the courts by aggrieved individuals. The paper concludes that for all intents and purposes the provisions of the law pertaining to acquisition of immovable property should be complied with.

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