State Lands Law, Chapter 137 of 1918

u State Lands |CAP. 137 4117 CHAPTER 137 STATE LANDS LAW A Law to make further and betler Provision for (he Management and « *Xsposal of Stale J ands. [Si April, 1918] 1. This Law may be cited as the State-Lands Law. 2. (1) This Law shall operate subject to the Land Use Act of the federation and the Land Use Law of the State, (2) “State Land”: means all public land§ within the State which were on the 2nd of February 1976 subject to the control of the government of Hast Central State of Nigeria and held tor the public purpose. and all lands thereafter acquired or to be acquired by or on behalf of the coverment of the State and held or to be held for any such purpose: public “purpose” has the meaning assigned to it in the Land Use Law Chapter 77. 3.(1) Subject to any regulations now in force or hereafter to be made regarding State lands, the Governor may prant— 8 > y (a) Cortificate of Occupancy of State Lands to any person for any tern of Years, or in the case of a citizen of Nigeria for an indefinite tern: (b) Licences to any person for the temporary occupation of state Land. (2) The Governor may deiegate any of the powers conferred on him under this Law to the ‘State Commissioner assigned with the responsibility for lands. (3) All Certificates of Occupancy granted under this Law or any Law repealed by it,tciore the Sth of March 1978, shall for the purposes of this Law be regarded as Certificates of Occupancy. I. of N. 1948 Cap 45, NEN. 131 of 1954 LN. 13 of Lands, 1964, 8 of 1966 and 22 6! 1966 1.CS. 20 of 1970, 20 ot 1974 and 4 and 5 of 1976 AS 6 of 1986, Short title, Interpretation, Power to grant Certificate of Occupancy and licences for lermporiry OCCUPATION . 2 P R dat o i R T e S 418 CAP. 137] State Lands Power of Governor hy accep surre Covenants Iixtend time for performing, condition Licences to take building materials. fapor Implied Covenants, 4. The Governor may-— as he may (1) Accept on such terms and conditions (if any) ranted rr oem proper the surrender of any certificate of occupancy repealed by this Law, Law otherwise pieseribed, ail art certificate of occu (2) Wholly or partially remit, excen! the covenants or conditions in any owing to special circuntstances, compliance theresvith would be | Or great hardships would be inflicted upon the grantee; und (3) Extend, except as otherwise prescribed, the time to g1 perfomning the conditions contained in any certificate of oceup: to forfeiture for such period, and upon such terms and conditions, vs think fit, and the period so extended and the terms and conditions shall be deemed to be inserted in the OCCUpAnes be binding on the grantee. certificate of 5. (1) ttshall be lawful for the Governor to grant a licence to to enter upon any State land which is not the subject of occupancy ora temporary occupation licence granted under this [av, ore mining right or exclusive prospecting licence granted under the Mi Act or of a certificate of occupancy or licence granted under the Mi therefrom any stone, gravelclay, sand or oOo Act, and remove or extract similar substance (not being a mineral withia the meaning assigned * term in the Minerals Act) that may be required for batding of for man? « af budding materials. (2) A licence may be granted for such period and subject to such c nce as the Governor thinks fit or as may be prescribed. 3 (3) A licence shall not be transferable. i ; (4) The Governor may cancel a licence if the licensee fails to comply sm any of the conditions thereof. i me 6. Except as otherwise prescribed or provided in the certificate @ ocenpaney there shall in every certificate of occupancy under this Le + Law by virlue of this Law covenants by the grantee— 4 Subsequently exercised the rent fixed shall be payable ‘unless otherwise expressly provided jn State Lands [CAP. 137 4119 (i) that he will pay to the Chief | the Governor may appoint on the issue of the occupancy rentat the rate of the rent for the period from the comme occupancy to the 31st day of Decembe will thereafter pay in advance without demand on the Ist d January in each year to the Chief Lands officer as the Governor may certificate of occupancy, or if the yearly rent be revised or a penal rent be imposed in lieu of the yearly rent, such re as may for the titme being be payable in respect of the grant, (i) that he will pay all laxes, rates,charges,duties, assessment or outgoings of whatever description as may be imposed, charged o1 assessed upon the lands comprised in suct; certificate of occupancy or the buildings thereon or upon the grantee. (ii) not to assign, sublet or otherwise part with the possession of the land comprised in such certificate of Occupancy or without the previous consent re vised or penal rent any part thereaf, nt fixed shall not exceed the rent obtainable at the time of revision for similar lan and amenities similarly situate: Provided that if any reason the Governor considers jt desirable to postpone the revision of the rent reserved under ‘ny Certificate of occupancy, the Governor may postpone such revision for revision period, as he shall think fit; but. ds of Similar area Such time, itrespective of any Should the right to revise be for the remainder of the current revision period. “ (6) In revising the rent no improve Shall be taken into account. (2) The amount at which the re to the grantee, who if he ments made by the grantee on the land nt is tixed by the Governor shall be notified considers that the rent fixed is in excess of that which can properly be demanded under the terms of subsection (1)(a) may within one month of such notification appeal to the Governor of the Governor in writing. 7. (1) Every covenant or condition whether expressed or implied in certificate of occupancy under this L ands Officer or to such officer as certificate of specified in the instrument ncement of the certificate of r next following, and that he ay of Officer or to such other Appoint the yearly rent specified in the oY a Covenants and AW, which is binding on a grantee shall, Srlincon iii the instrument, be binding on all persons persons claiming an intezesi in the land the Subject of the certificate of the certilicate under . ' tp of Occupancy, occupancy and whose title is derived through or under the certificate of occupancy, P P ee 420 *CAP.137) “State Lands ue t x . it eek ear ak A Obligation of” “(2) Any minor who becomes a grantee under this Law shall be in: ' position with regard to his Hi ability and obligation under oO in resp certificate of occupancy as if he were of full age. e e e Reviclane 8. (1) In every Certificate of occupancy under this Law there sho! rent, expressly expected, be reserved by virtue of this Law to the Gove: right to revise and fix the rent for such periods (hereinafler referred |! revision periods) as may be aus in the certificate of occupancy E S As t e e e n n a (2) As nearly as “conveniently ana be to the commencemen! revision period the Governor shall revise and fix the yeary font wh be payable for such revision period, but so that the FT| S L R F L T L S TT T | s g A R E T E WS — — Hit (3) If the Governor and the grantee are une: die is eyree as to the i i paid the matter shal! be referred to an arbitrator {. ve agreed uUpo * , Governor and the grantee or in the absence of such agreemer } appointed by a judge of the High Court. Veh y Hes (4) The decision of the arbitrator shall be final and ifthe rent tis: ih arbitrator is not less than that demanded by the Governor the grant iT pay the cost of the arbitration. Al, Penal rent. © 9» (1) When in any Certificate of Occupancy undet this Law the me we uh . has covenanted to develop or effect! iniprovemients on the land grante on has ‘committed a breach‘of such covenant the Governor may lat the tem a ta such breach or at any time.thereafter, and at the expirationiof every "< bi, '- thereafter so long as the breach be not remedied, fix a,penal rent whict ny ; be payable for one year from the date it is fixed and shalf be paid aa ihe $ grantee in addition to and at the same time and manner as, the reni resea y i is payable and shall be recoverable as,rent. ‘The first, peaal rent sto oe i exceed the rent reserved in the instrument and penal rents Subsequent); a ks ‘shall not exceed double the penal.rent payable in respect of the pr eg = ais year. 3 ie , He oe, , @) Notice of such penal rent being im posed and the amount ther! ot fk 1 ? Sr the di ite from which it is payable shi ill be Biven in eS to the gran : ae an | CaM ' ee eT ‘ Ne ate ot “(3) The fact that a penal rent has been stipend shall not preclvc > then | fie Nope 8 oe, * Governor, in lieu of fixing a subsequent penal tent, from taking or ¢ iret aM a ’ to be taken proceedings for the forfeiture of wie Certificate of Occupancr te am <i i i, ty a ae : a feel See = a <= State Lands". [CAP. 137°, 4121, reason of the breach in relation to which the, penal rent has been imposed, provided that such proceedings shail not be taken during the period for .., which a penal rent has been paid. ¥ Building on 10. In the absence of special provisions to the contrary in any certificate of te tate = * Siagte® lar Occupancy under this Law all buildings and improvements on State lands, whether erected or made by the grantee or not, shall on the determination of the Certificate of Occupancy, pass to State without payment of compensation: th Provided, however,that, in the ‘absence of any special provision to the | contrary in'the Certificate of Occupancy, when land is granted for a term not exceeding thirty years the grantee shall be at liberty within three months of the termination (otherwise than by forfeiture) of such lease to remove any buildings erected by him on the land granted during the cuireney of such Certificate OF Occupancy, unless the Governor shall elect to purchase such buildings. In the event of the Governor and the grantee not agreeing as tothe’ iy ees purchase price of such buildings, the same shail be deterritined by arbitration... , " The grantee shall make good any damage done to the Lind by any such ebay t removal. Lye ot real eT | ie ae a ak 11. No Certificate of Occupancy under this Law, which contains @ gate of covenant, express or implied, not to assign without the consent of: the Certilicate of Occupancy by Governor, and no Certificate of Occupancy under the Stite Lands Act or ones of court tave faa under any Ordinance repealed by: the State Landsiv\ct, which contains a purchaser covenant not to assign without the consent of the Governor, shall be sold by aporaved By or under the order of d court in execution of a decree or othenvise however, save to'a purchaser approved in writing by the Governor and‘under terms, as © to adequacy of price or otherwise,also so approved. » i2. The rent reserved or payable under any lease granted under this Law or Rent, urider any Law repealed by this Law shall be a debt to the State and shall be paid at the office of the Chief Lands Offices or at such other office as the Governor may appoint. . az Ake 13. If any such rent as aforesaid shall at any time be unpaid for a space of Penalty when ‘ ad eee i aia ninety days after the same became due, and a notice shall have been served on the person in default, there shall be payable by way of penalty a sum rent in arrear, 4122 CAP. 137) State Lands Chief Land Officer ma sue for rents In arrear, Chief Land Officer may distrain for rent duc. Forfeiture of certificate of occupancy. Vj i sof 1 ‘ x equivalent to five per centum of the rent due. {f such'rent ed penalty shall be unpaid for a space exceeding one hundred and twenty days after’ the rent became due, and a notice shall have been sexved as aforesaid, there shall be yavable by way of penalty a further suri eantvaleri i. five per centum of the pay ) y Ory] ) ] - rent due. 14. The Chief Lands Officer or any person appointed by the Lands Otfices on that behalf may, without prejudicd to the right of the State to recover rest in arrear in any other way, sue for the same, together with the penalty (ifany) which may be payable under the last preceding section, and such suit may be instituted in the High Court or a magistrate’s court. 15. The Chief Lands Officer may, on behalf of the State, distrain for rena due under any lease under this Law, or under any Law repealed by this | ae and any authorise may person to act for him in this behalf. | ( i 4 16, (1) If the rent reserved or payable under a certificate of occupancy under this Law or under any Law repealed by this Law is in arrear, of it there shall be any breach of the grantee's covenants or of the conditions ef 2 Certificate of Occupancy whether express or implied, the Chief | ancs Officer may serve a notice upon the g-.silee spevulying the rent in atre < oF the covenant or condition of which a breach has been committed, and at am. = time after one month from the service of the notice may commence an #c-<> i in the High Court or in a magistrate's court for the recovery of the prem*ses and, on proof of the facts, the court shall, subject to relief on such terms =< tay appear just, declare the Certificate of Occupancy forfeited, and the Cami 3 Lands Officer may re-enter upon the premises. (2) The Governor may cancel a Certificate of Occupancy granted undies this Law in respect of any property, where the grantec— (a) has failed to fulfil the purpose for which the said‘ Certifica: Occupancy has been granted; we (b) has in fact ceased to exist; or, (c) has by operation of law become incompetent to fulfil the purpos which the Certificate of Occupancy has been granted. Sate Lands (CAP. 137 4123. "17. No forfeiture shall operate to extingiish any debt to the State in respect of any rentor payment to be made by a grantee under a Certificate of Occupancy forfeited, 18. The acceptance by or on behalf of the State of any rent shall not be held to operate as a waiver by the State of any forfeiture a cruing by reason of the breach of any covenant of condition, express or imphed. in any Certificate of Occupancy under tis baw ar under any Law repealed by this Law. RESERVATIONS 19, A conveyance or Certificate of Occupancy un leg this Lasw shall n unless olhenvise expressly provided therein, confer any rity! nay sprinuwriver dake ov stream, other than such water as tits domestic purposes upon the lind sold or granted, 20. A conveyanee or Certiticute of Oceupaney under ties Leow shail dot, Fo} | ) Sl unless otherwise expressly provided therein , confer si) rivht te the foreshore, or to the banks of any nas inable waterway. 21. (1) A connveyance oF certificate of Occupancy under this Lan shall not confer any right to aay mineral as defined in the Minerals Acts orto any mineral off. (2) TMiere is hereby reserved to the State the right lo enter upon any find sald of granted under this Jaw and (a) to search for, mine and remove any mineral as aforesaid or any or aty mineral oil; and (») except in the case of lands granted for building purposes only, to remove any stone, gravel, soil or other substance required for tie construction or repair of any toad, Government building or other public work. (3) The right reserved to the state under subsection (2) may be exercised as to (a) by any person authorized by or under any Act relating to minerals or mineral oifs, or as to (b) by any person authoriized by the Governor, Debt to State Hol extinguished by Josteature, Acceptance of fon! nen ko operate ns a waiver of forfeiture. eset shan of ation of ive, ieoserwation of gj cals e a n State Lands 4324 CAP. 137) yorekdoverect telegraph poles, ete (Bed. Cap. \67) Resumpton of Jands fer roads, cathways, ete. RESUMPTION OF LAND POR PUBLIC PURPOSES af any Gime enter Bpon and resume any etion (f). 22. Any person authorized by the Governor may any land sold or granted uader this Law and may enter portion of sueh fancds for any of the purposes inentioned in subse paying compensation for the Jar} iaken. (3) Whenever land which has been granted is resumed under this scetion the grantee shall be entitled to proportionate reduction in his rent. any olficers of the Government their (4) The Governor may authorize dto hint by this section, servants and agents, to exercise the posyers reserve (5) Compensation payable under this section shall not exceed, if: the case of buildings or crops, the market value value of such land. of such buildings or crops, atid in the case of Jand resumed the market (6) The compensation to be awarded under this section shal, if pot agreed rnor and the claimant, be determined by the High ypon between the Gove nsation is determined under the Public Court in the like manner as compe Lands Acquisition Law. (7) Resumption of land under this section may be effected before the compensation (if any) is paid, either by (a) set up poles on and cay cisetric lines across 1 pipes or electric lines therein, without pay aetual erty CQ such lands and (b) lay sewers, cratns, wate ings compensation bat making good all damage done. this Law exceeds two any portion oF tramways, canals, water channels or raking without paying paid for buildings o¢ 23. (1Y When any Sand sold or granted under hundred acres the Governor may at any time enter and resume such fands for roads,railways, ations or any other public unde trigonometrical st land, but compensation shall be compensation for the clops destroyed ur damaged: an four per centunt of such id there shall be paid to ) for the land taken in Provided that in the event of a larger portion th ‘ind being resumed for any such purpose as aforesa the owner or grantee, as the case may be, compensatiol excess of such portion. : State Lands [CAPs 137. 4125, (2) When any land sold or granted under this Law does not exceed two hundred acres the Governors may at any time the land resumed or by service , of notice of resumption on the owner or grantee, ROADS AND THOROUGHFARES 24. All public thoroughfares existing on any litid scold or granted under this site at = Law shall deemed ta be and shali be yeserved and shall teri tree and thoroughfare. uninienupled unless the same be closed cn altered by the ler ot the Governor or by other competent authority. SURVEYS AND BOUNDARY MABRS 25. No State land shall be sold or granted under ibis Louw atti} she seu Se tind to ‘ : eVeyea has been surveyed and demarcated by a Government or Heensed Saives femeteue and the plan thereof has becn approved and signed by the Surveyor soshe jar ° of Surveys, or by an Office of the Survey Departinent acnnu cu tis ohn 26, The owner or grantee of any State land sold, or granted before onafter U+rehasers, * . a ® ‘ «10, the commencement of this Law shall at all times maintain in repair to ie satin eee : . peace te . 4 Insvanadary satistaction of the Chief Lands Officer or of such other officer is thie marke, Governor may appoint in this behalfalf boundary marks placed or erected Lo denote the boundaries of the hive, soldor granted. . H 27. (1) Every owner or occupier of land abutting on State land shall define Gowners and \} and keep defined the boundary between the land owned or occupied by hin re try } and the adjoining State land to the satisfaction of the Chief Lands Officer, or ieibe ; f of such other officer as the Governor may appoint in this behalf, and detauly houndaries :: of his so doing the Chief Lands Officer or other officer as aforesaid may by i: notice in writing require such owner oF occupier to define such boundary in nN such manner and within such time as may be specified in such notice, (2) Any owner or oceupicr who shall fail to comply with such requisition shall, on summary conviction, be liable to a fine of forty naira and in additions shall be ordered by the court to pay the expenses (if any) incurred by the Government in defining the boundary which he fas neplected to define, he e e e rr Fd, . i i § = . C E E SE RS S e a pe e re st os - e r e e e e C e e e e e ot ar 4126, CAP. 137] State Lands Recovery of State lands in unlawful necupation. Evidenee in procectings Right of State fo. suc yw! bare ‘hy liinitation. Suit for rent not barred by limitation. Right of way nol to be presumed against the Slate, MISCELLANEOUS 28. When any person without right, title or licence or whose right, tile or licence has expired or been forfeited or cancelled ty in we zpation of State land, the Attorney-Generat, or the Chief Lands Olfices, or some person appointed by the Attorney-General, without prejudice te the provision + f part 2 of this Lasy, muy enter a suil in the High Court to recover possession thereof, 29, If on the hearing of such suit the defendant docs not appear, oF appeals but failg to establish an absolute right or title to the possession of the Tand, the court shall order that the possession of the land sought to be recovered shall be given by the defendant to the plaintiff, either forthwith or on ot before such day as the court shall think fit to name, and shall issue suct process as may be necessary for carrying such order into effect. 30, In any action, suit or proceedings against any person for or in tespec! of any alleged ualiwful occupation, use of or trespass upon State Land, th proof that the oce ypation or use in question was authorized, shall jie on the Jjefendant, and in every such action, suitor proceedings and in every ac) by or against the Government in which tith co iand saw! be in issue © averment that any land is State land shall be sufficient without proof of suct fact, unless the defendant prove the contrary. 31. No action or other remedy by or on behalf of the State for the recs af the possession of State land shall be barred oF affected by any Tas limitation. 32, No Law of limitation shall bar or affect any action or remedy tor ‘>< recovery of any rent due under this Law, or under the State Lands Law under any Ordinance repealed by the State Lands Law. 33. No right of way shall be ptesumed or allowed 16 be asserted os established against the State, by reason only of uset, whether such commenced before or after the commencement of this Law. “n s S e p e ep e e | | State Lands ICAP. 137» 4127.. 34. A notice served personally on the person to be served, or left at or sent, by registered post to his last known address in Nigeria, or if his address is not known, published in the Anambra State Gazette, ei be deemed to be 200d service for the purposes of this Law. 35. A grantee of State land shall permit any land Officer or Governor Surveyor, or any Administrative Officer to enter upon and inspect the same, Penalty: a fine of one hundred naira. 36. Any persons who shall unlawfully occupy State land in any manner whatsoever, shall without prejudice to the provisions of part 2 of this Law be liable to a fine of one hundred naira, 37. The Governor may make regulations for all or any of the purposes following-— (a) classifying Certificate of Occupancy according to the purpose toy which or the class of persons to whom the same may be granted and prescribing the form of any Certificate of Occupanc} y: (b) prescribing the covenants or conditions which sh: ll be implied in any class of Certificate of Occupancy; {c) prescribing the term of years for which any class of Certificate of Occupancy may be granted; (d) prescribing the praemia and, rents to be paid and providing for the revision of rent; (e) prescribing the manner in which application for Certificate of Occupancy shall be made and the fees to be paid; (f) providing for the survey and demarcation of State land to be sold or granted, and the fees to be paid for such survey and demarcation; (g) prescribing the fees to be paid for any instrument issued under this Law; (h) providing for and regulating the sale of land under Certificate of Occupancy by auction; (i) prescribing the period for which and the conditions under which licences for the temporary occupation of State Jand may be issued; (j) providing for the care, management and protection of unoccupied State land; and Service of ‘notice, 7 Grantee to sermit officer o enter and inspect State mo land. Penalty for unauthorised occupation of State land. lower to make regulations. s s — — — m e e e e >. 4128> CAP. 137] State Lands Comnience- ment of this ° Part, irs Definitions.; , Powers of the Commissio- net. r e t p e a a a s h e e a t e SS S e e *(k) ger ae. for Soy ing oui and giving effect to the purposes of this Law. N.B: The provisions of Edicts Nos.22 of 1966, 4 of 1974 ate spent and so are not reproduced in this Law. PART 2.— EVICTION OF SQUATTERS 38. This part comes into effect on the 3rdof March 1986, \ © 39, In this Pait-— “authorized officer” includes the Chief Lands Oticer of the State and any person authorized in writing by the € commissioner or by the Committee whether generally oF specifically to carry out any functions under this LAW; 7 “Commissioner” means the State Commissioner assigned responsibility for Jand matters; “Committee” means any person OF body of persons, corporate OF unincorporte appointed by the Governor for ¢: arrying out functions relating to land use and allocation in the St Ne; “Government” means the Government of the State; “public officer” means a person in the public service of the State; “Structure ~” includes a house or other erection: , : “State” means Anambra State of Nigeria; , me “State land” has the meaning assigned to that expression in part 1 (section 2) and includes any land deck ied as “State land” by the Cominissionel in ‘accordance with section 40(1) of this Law. 40. (1) The Commissioner may, by notice publisned in the manner sel oul in subsection (2) declare any land acquired or used for public purpose 2s State fand. (2) A notice under this section may be published— ( a) in the State official Gazette; (b) ina newspape cisculi iting in the place where the land i iS situate; or (c) in any other mamucr é : the Commissioner deems ft. j a e 3 a a ag? - i State Lands [CAP. 137 2:4129 ‘ (3) The Commissioner may himself exercise all the powers conterred by section 42 of this Law, and may, at any time as the occasion requires, in - Fi f wiiting autiorize miy person tarexercise SUCH peakets, 41, Where any person-— (a) is in possession or occupation of Stule Lua witaout a cemitieate of occupaney or other valid and caisting yutlovits oF heehoe of the Government given under the hand ot tle Cogniiss: (b) is in possession or Occupation OF State Pind by witue tre ti hieate of occupancy or other authority or fieence which wos issued ov obtained op the basis of a misrepresentation or misstuieent of facts of circumstances relating to the land; o1 (c) derives any muehtor interest i State land foi eos jaan med 1 paragraph (a) or Cb) of this section; that porn staa fora pase of this Law be or be deemed a squatter, 42 (1) An authorized officer may at any time by note in tug form prescribed in the Schedule to this Law require any sqer tion to Guitar vate any State land in his possession or occupation, (2) An authorized officer may at any time after the expiry of any notice given under subsection(1) evict the squatter from the State bind. (3) The notice referred to in subsection (1) shall be deemed to fave been properly served on the squatter if itis (a) served On him personally; ca (b) posted up conspicuously in any place in the State lasiel; (c) published in the State Official Gazettes or * (d) published in a newspaper circulating in the place where the and is situate. (4) For the purpose of subsection (2) of this section, an author ized officer may use or employ such force or means as is reasonably necessary OF sufficient to— (a) remove a squatter from the State land; o1 (b) demolish or remove from the State land any structure erected or being ‘used by or on behalf of a squatter, Squalicrs rasta ak S yuiters 4100 CAP! 137] State Lands (5) Any expenses incurred in the removal or demolition of uy structure pursuant to subsection (4) shall, on demand, be reimbursed or paid to Government in full by the squatter or user of the structure, (6) Any person who— (a) obstruct the commissioner, an authorized officer or any person assisting either of them in the duc enforcement of any provision of this Liaw; . * . . . ! . 7 (b) resists his eviction or removal of a structure affected by this Law, from any State land; or (c) on demand, fails or refuses to pay or reimburse in full to Government any expenses incurred pursuant lo subsection (4) of this section, shall. on summary conviction, oe liable, in, the case of a first offender, too a fine of five hundred naiza or imprisonment for six months; and for subsequent offence, (oa fine of one thouserd noha ee imprisonment for One year. (7) Any eviction under this section shall not be invalid by reason of the fact that-— (a) the notice mentioned im subsection (1) was not given prior to the eviction; (b) the eviction wis ‘arried out prior to the expiry of the notice, oF (c) such notice was not given in the prescribed form. leqmunity of 43 (1) No persen shall be tiable under any action for anything done or ollicers. . . + * =." a * omitted to be done in the lawful exercise of his powers under 42 of this Law. (2) A person assisting or otherwise carrying out the lawful order of any other persen in the exercise of that other person under section 42 of this Law is entitied to the dnmunily conferred by subsection (1) of this section, ‘aie of + 44 (1) With effect Fro the date of corning inio force of this part no action relating to or affecting title, right or any intercot whates ¢7 ir any Jand in the State shall lie or be instituted by a squatter against the State or 2 public officer in his official capacity, and where prior (o the coming into force oF this part such action has been instituted and is pending in any court in the State, the same shall abate, be discharged and made void without prejudice to any order including an order for —— , Ply State Lands [CAP. 137 4131 (a) eviction or removal of the squatter from the dand, demolition or removal of any structing on the tind, and (13) demolition or remos.' of any sauctare on the bind, and (c) payinent Of costs Pry othe sematter, adic the cont atey deert dil te make ty the circuses, (2) Subsection (1) by virtue ol paris, certificate: of @ceipaty obtained on the buisis cirenmystance rel atine! AS. (1) Where am at any land, an issue not apply in the case ofa person deoied a squatter 1 (bs af Seetion 4 where such perso asseits that his or other authority or heence was aot issued of ut a nisrepresen tation Or misstatement ot tacts ot thy | idl. y action relating to any rightor interest Of the Sule 1 proat of state -to whether any piece, parcel or area of lind is ind: State land, a notice publi tied in pursuance of section 40 of this Law, ot other statement inowritine acer the hand of the Commissioner confirming of ' certifying, that the | eo onareel or aren of and is State band shall be conclusive evidence af that pact. (2) The notice or other statement referred in subsection (1) may be produced in Court by an oifiver in the State Ministry responsible for land matters authorized in that bolalf by the Commissioner, (3) Hatany stage of the proceedings in any such action as is mentioned in subsection (1) an issue is tarsed that a party in the action iy a squatter, that issue shall be tried and determined by the Court betore any further proceedings in the action may be continued. (1) Where upon the tint and determination of the issue reterred to in subsection (3), the Court Holds that the party in the action isa squatter, the action shall abate and be discharged without prejudive to any order including an order for— (a) eviction or removal of the patty adjudged a squatter from the land; (b) demolition or removal of any structure on the fand; and (c) payment of costs by the patty, which the Court may deem fit to make in the circumstances. e d 4132 CAP. 137] State Lands | ’ i ee + pte . wt i? ft ve | (b) “building certificate of occupancy issued for the purpose Of erecting 4 ait < - | i oe bay SCHEDULE i Be i. (Section 42 (1) c: P OL FICE OF TEE COMMISSION? | Bi ; PATRAS TR OM ecoccscressoronnnnns nt } LANDS DIVISION ENUGE: \ ! ' To. ae. ; | sae gic ey aaa a vraag ee EE NRL es ibe nico erste ete . | Bhi, NOTICE TO QUIT OR VACATE STATE LAND hig i i ie | You are hereby required within... days front ie date bercol, fo vacate oF coc 8 de : possession and/or acckpauon Oo Stile land SUMALC Al ese rsesees ceeeteetereceeren oes 3 K 1 Psansecane esse Local Goveriiment Area being lind in your possession OT oecupMlh FoR Nan ‘ Et ; | squatter. . ‘ices % \ DATYED alee ANG ge seeeeeseee ity OL eee cece scifzieeninl Disa . | 7 i! Authorid og ¢ : 1 : 3 of |" Regulations STATE LANDS (CERTIFICATE OF OCCUPANCY} : 34 of 1918 $ 1 , 9 of 1972, — ania a - | Bret tas REGULATIONS 9 fi 81 of 1940, i <a ‘ibs Ln detat made under section 37 i 7 : : beta ttl - 2 s 4 Citation, 1. These reguiatioris may be cited as the State taps (Certibtes a4 it a Occupancy) Regulations. 5 tere 2A Certificate of Occupancy of State [ands shall ordinarily be ol ove = ; Rds . ’ . ‘ tf a certificate of the several descriptions following— = ‘ OceapANcy. ; wit "| ses yn rai ; (a) “agricultural certificate of occapancy issued for the purpose BS ; cultivation, planting and farming; i buildings for residential, business or any special purpose,