Thesis Abstract

Abstract
This research project delves into the complex relationship between the law of compulsory acquisition and compensation and the law of equity. The compulsory acquisition of land and property by governmental authorities for public purposes is a significant legal process that often involves considerations of fairness and justice. On the other hand, the law of equity is founded on principles of fairness and seeks to provide remedies when legal rules may not adequately address the circumstances of a case. In exploring the intersection of these two areas of law, this research aims to analyze how principles of equity can influence and shape the outcomes of compulsory acquisition and compensation cases. By examining relevant case law, statutes, and academic commentary, this project seeks to identify instances where equitable principles have been applied in compulsory acquisition matters. Furthermore, this research project will investigate the extent to which equitable doctrines such as unconscionability, undue influence, and estoppel can be invoked in compulsory acquisition cases to safeguard the rights of affected individuals. Additionally, the research will assess the role of equity in determining the adequacy of compensation awarded to property owners whose land has been compulsorily acquired. Moreover, this study will consider the tensions that may arise between the strict legal requirements governing compulsory acquisition and the flexible principles of equity. By evaluating how courts have navigated these tensions in past cases, this research aims to provide insights into the evolving relationship between the law of compulsory acquisition and compensation and the principles of equity. Ultimately, this research project seeks to contribute to a deeper understanding of the interplay between compulsory acquisition law and equity. By shedding light on the potential for equitable considerations to inform and enhance the outcomes of compulsory acquisition cases, this study aims to offer valuable perspectives for legal practitioners, policymakers, and scholars working in the fields of property law and equity.

Thesis Overview

INTRODUCTION 1.1 BACKGROUND AND NEED FOR THE STUDY Although the various governments in the federation could acquire land at any time by working their power of eminent domain they still (most in the south) face the problem of rigidity associated with native laws and customs. In an attempt to breakdown these rigidity the various land laws were enacted by government among which are public land acquisition decree No 33 of 1976 the state land compensation decree No 38 and the latest of the laws concerning the acquisition of land by government and compensation there to. By section 1 of this act all land comprised in the territory of each state except land vested in the federal government or its agencies are vested in the governor of that state and such land shall be held in trust and administered for the use and common benefit of all Nigeria in accordance with the provisions of the act. The governor laving been vested with all land in his state of jurisdiction is further empowered by section 28 of the act to revoke a right of occupancy (statutory or customary) for over rigidity public interest under section 29 of the act the revocation of a right of occupancy for the cause set out in section 29 entitles the holding and occupier to compensation for vale of their unexhausted improvement at the data of revoke as accordingly provided in section 29 sub section 4 paragraph 6 compensation with respect to building installation or improvement shall be for the amount of the replacement on the basic of the presented method of assessment as determined by the approve it could be seen from the above that the act state explicitly that the assessment of comp sensation payable for compulsory acquisition of real property shall be and according to value cost approach.