INDIVIDUAL PROPERTY HOLDING: A COMPARATIVE STUDY BETWEEN CAMEROON AND NIGERIA.
INDIVIDUAL PROPERTY HOLDING: A COMPARATIVE STUDY BETWEEN CAMEROON AND NIGERIA.
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Date
1994-06
Authors
NEH, TANGIE TABITHA
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Abstract
ABSTRACT
Property is very important in our society today.
Property is held by various groups and the individual
is no exception. Generally, lawyers and economists
are well acquainted with the prominent role of property
not only in the economy of any given jurisdiction but
also i t ' s Socio-political significance. Despite this
awareness,, the activities of the informed groups of
the Nigerian and Cameroonian communities do not reflect
any serious concern for the prospects of individual
property holding.
Today, due to modern developments such as population
increase, the desire for high living standards, education,
introduction of cash economy, individual property holding
has gained tremendous grounds.
Even though individual property holding is a recent
development, i t s evolution can however be traced. The
purpose of this research work is therefore aimed
at making a comparative study on the individual property
holding between Cameroon and Nigeria, tracing i ts
development from pre -Colonial era up to present day.
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The, research will Commence with an examination
of the historical background of property holding
in both countries prior to the introduction of
European statutory land tenure laws. Attempt will
be made to define property, the determination of
the scope and the method of approach to the research.
Material was got by consulting books, newspapers,
articles, journals, publications relevant to the
field of study. Furthermore, information was got
from the Bamenda High Court and Court of Appeal,
and the Lands and Survey Office in Bamenda. Some
general discussions on the subject were made with
some family heads in Bafut. A sketch map has been
drawn to locate the position of former West Cameroon,
The research considers the classes of property
holdings under customary law, like the communal,
family and individual holdings. The research reveals
that, individual property holding was rare in precolonial
era, but it is now the rule and not the
exception.. The recent development of individual
property holding is due to Socio-economic development
in our society. \
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The work also examines the present land tenure
reforms in Cameroon and Nigeria in general and the
individual tenure in particular. It further examines
the techniques adopted in fitting the various
categories of individual property in these countries
into the framework of the present land legislation .
The disposition of rights in individual propertywill
be discussed. This will be done by examining
the quantum of rights acquired by the individual,
the restrictions imposed on such rights by the
appropriate authorities and the transferability of
these rights. Individual rights in property could
be transferred in many ways, amongst which are gift,
lease, mortgage, sale, bequeath.
Finally, the last chapter will draw conclusions
from the results arrived at in the preceeding chapters.
The nature of the evolution of individual property
holding will be considered and recommendations
proposed.
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Keywords
INDIVIDUAL,, PROPERTY,, HOLDING,, COMPARATIVE,, STUDY,, BETWEEN,, CAMEROON,, NIGERIA.