A Dual System of Land Tenure: The Experience of Southern Nigeria

摘要: In the southern parts of Nigeria, as in many other African territories,2 two systems law, English and customary are both force at same time. That situation naturally presents problems what termed internal conflicts: which system law should be applied a particular case? When, is most common, such problem arises directly out some transaction, difficulty not likely to great, since there have been enacted by statute fairly precise rules cover that sort situation.3 Those rules, however, framed terms persons involved case (are they “natives” or “non-natives”?4) agreements transactions between persons. There can arise issues involving conflicts where statutes give little guidance, it object this article examine one issue, namely applicability land, opposed owning it. Only Nigerian authorities on point discussed, but fair assume with dealt typical experience countries European origin adapted purposes commercial society has superimposed upon an indigenous mainly evolved static, rural communities.