Salibu Amanulla vs Land Commissioner General et al. – CA WRIT/342/2014-2022

In the case between Salibu Amanulla (Petitioner) and the Land Commissioner General, Divisional Secretary of Nuwaragampalatha Central, Ahamadu Hajara Umma, and Mahamadu Mihilar (Respondents), the court addressed the issue of whether the Petitioner had a legal or prescriptive right of way over the land of the 3rd Respondent and whether the Respondent authorities’ actions limiting such a right were ultra vires or unlawful. It was held that the Petitioner failed to establish a legal or prescriptive right of way, and the administrative actions providing an alternative access route were lawful. The principle reaffirmed is that no right of way can arise merely by reference in state grants or plans without complying with statutory processes, and prescriptive claims must be determined by a competen