"A hearing can be on oral evidence or written documents submitted by the parties interested in the inquiry or whose civil rights and obligations will be affected by the inquiry. Dr Agiri's Commission qualifies as an Administrative Tribunal [see Wednesbury Corporation v. Ministry of Housing and Local Government No.2 (1966) 2 QB. 275] and is bound to observe the Rules of Natural Justice.

"A holder on the other hand, is defined, in relation to a right of occupancy, to mean a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without valid assignment, nor a mortgagee, sub-lessee or sub-under-lessee." Per Obaseki, J.S.C. (P.85, Paras.E-G)  GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"The Land Use Act has defined in section 50 "occupier" to mean any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes a sub-lessee and sub-under-lessee of a holder. A sub-lessee and sub-under-lessee under customary law are and fall under the category of customary tenants."PER OBASEKI, J.S.C. (P. 85, paras. D-E)  GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"It is provided in section 50 that a "holder" in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub-lessee or sub-under lessee" Per NNAEMEKA-AGU, J.S.C. (P.152, paras. B-D) GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"It is provided in section 50 that a "holder" in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub-lessee or sub-under lessee" Per NNAEMEKA-AGU, J.S.C. (P.152, paras. B-D) GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"It is a mis-statement of law to say that the Land Use Act abolished the remedies or reliefs of forfeiture and injunction. Forfeiture is available whenever a tenant disputes the title the remedies or reliefs of forfeiture and injunction. Forfeiture is available whenever a tenant disputes the title of the overlord or landlord or alienates without the landlord's consent the whole or part of the parcel of land let out to him by the landlord under customary law."PER BELLO, C.J.N. (P. 60, paras. C-E)  GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"The statement that occupation by a customary tenant is no occupation by the landlord is, in my view, too wide and is certainly in disregard to the relationship between customary landlord and customary tenant. Although it has been said that a customary tenant who keeps the conditions imposed by the tenancy agreement can enjoy his tenancy in perpetuity, he is in fact a tenant from year to year subject to the payment of rent or tribute. As in English Common Law when: a tenant cannot challenge the title of his landlord under customary law, a customary tenant cannot dispute the title of his landlord." PER OBASEKI, J.S.C. (P.68, paras. A-C)  GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)

"A person with a customary right of occupancy is entitled to use the land in accordance with customary law. A customary right of occupancy pre-dates the Land Use Act and is intimately linked with the custom of the people of the area. It is a creation of customary law and the fact that it can now be granted by the local government has not taken it out of the realm of customary law.

"Statutory rights of occupancy are granted by the Governor (see section 5(1) & (2) and customary right' of occupancy by the Local Government in whose area the land situates (see section 6(1). These rights of occupancy bear resemblance to leasehold interests. They can be assigned. They can be mortgaged and they can be under-let or sublet.

"Land is still held under customary tenure even though dominium is in the Governor. The most pervasive effect of the Land Use Act is the diminution of the plenitude of the powers of the holders of land. The character in which they hold remain substantially the same. Thus an owner of customary land remains owner all the same even though he no longer is the ultimate owner. The owner of land, now requires the consent of the Governor to alienate interests which hitherto he could do without such consent."PER BELLO, C.J.N. (Pp.60-61, paras. G-B) GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)