CIRCUMSTANCE WHERE A CERTIFICATE OF OCCUPANCY IS LIABLE TO BE DECLARED INVALID

CERTIFICATE OF OCCUPANCY IS PRIMA FACIE EVIDENCE OF R of O

Wakama v. Kalio (supra), Musdapher JCA (as he then was) had this to say on pages 130/131: “The mere fact that a certificate of occupancy is issued by the Governor does not automatically vest the leasehold thereby created in favour of the person named. A certificate is only a prima facie evidence of the right of occupancy in favour of the person named as allottee. Thus any person without title to a parcel of land in respect of which a certificate of occupancy is issued acquired no right or interest.”

CERTIFICATE OF OCCUPANCY IS PRIMA FACIE EVIDENCE OF RIGHT OF OCCUPANCY

Exhibit D5 i.e the certificate issued by the Governor is simply a prima facie evidence of right of occupancy in his favour. However, such evidence is rebuttable. Title to land can only be vested by a holder of it if the latter has genuine or proper title to the property.

– Sanusi JCA. Enejo v. Nasir (2006)

PRESUMPTION RAISED BY CERTIFICATES OF OCCUPANCY

“Being certificates of occupancy, they raise presumption that the person named therein is the holder of title thereof. See Mani Vs Shanono (2007) ALL FWLR (PT. 724) P. 305 @ 318.” — I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

STATUS OF A RIGHT OF OCCUPANCY ACQUIRED OVER A PARCEL OF LAND WHEN THERE IS IN EXISTENCE ANOTHER CERTIFICATE OF OCCUPANCY, WHICH HAS NOT BEEN REVOKED

“Where two or more persons claim title to land by virtue a certificate of occupancy, the first in time takes precedence over and above the former. Furthermore, the law is trite, any title or right of occupancy acquired over a parcel of land when there is in existence another certificate of occupancy, which has not been revoked in accordance with the law, the latter title cannot be valid in law. See Adole v. Gwar (2008) 11 NWLR (Pt. 1099) P. 562; Salami v. Oke (1987) 4 NWLR (Pt. 63 P. 1; Ajilo v. SBN Ltd (1989) 1 NWLR (Pt. 97) P. 555 and Ogunleye v. Oni (1995) 2 NWLR (Pt. 135) P. 745.” — I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

WHERE TWO CERTIFICATES OF OCCUPANCY ARE ISSUED OVER THE SAME LAND

“The certificate of occupancy issued in 2008 supersedes and takes priority over the one issued in 2011. Where two persons trace their root of title to the same source, the earlier in time prevails. See Ejuetam v. Olaiya (2001) RSCNl P. 140 @ 168.”

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019