It is settled law that a Certificate of Occupancy regularity issued by competent authority raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof. The presumption is however rebuttable. But there is no evidence from the Appellant to rebut the presumption. As a matter of fact, the Appellants did not attack the Certificate of Occupancy.
— F.F. Tabai, JSC. Agboola v UBA (2011) – SC.86/2003
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What is the legal basis of a certificate of occupancy? A holder of a certificate of occupancy holds the title to the property and subject only to the conditions stipulated in the Land Use Act. A certificate of occupancy creates a term of years absolute or a lease for a number of years stated therein. See Chiroma vs. Suwa (1986) 1 NWLR (pt. 19) 751. The greatest legal estate that can now subsist under the Land Use Act is a term of years. The grant of a term of years under a certificate of occupancy is in substance a lease. See Dr Otti vs. Attorney-General of Plateau State (1985) HCNLR 787.
— N. Tobi, JSC. Ezennah v Atta (2004) – SC.226/2000
See Ibrahim v. Mohammed (2003) 6 NWLR (Pt.817) 615 at 645 where Kalgo, JSC put the position of the law thus – “It is not in dispute that in the instant appeal, the respondent was not notified by the Governor of the intended revocation of his earlier grant exhibit 1 before granting exhibit A8 (AI3) to the appellant. This is in clear contravention of section 28(6) of the Act, it was also not shown by evidence that the respondent’s land was required for public purposes or interest. The respondent was not heard before the grant of his land was made to the appellant and no compensation was offered or given to the respondent as required by the Act. It is my respective view therefore, that under these circumstances the grant of the statutory right of occupancy over the same piece or parcel of land to which the respondent had earlier been granted certificate of occupancy, was invalid, null and void.”
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)
All the documents that the Appellant is referring to as root of his title cannot support his case even if it was accepted as the root of title because the law does not permit any authority to allocation the same land that has earlier been allocated to another person. Without a proper revocation of a certificate of Occupancy, no authority has power to allocate the same land to another. See Na’adade Petroleum Ltd v. FCT Minister & Ors (2022) LPELR-57127 (CA).
The evidence shows that the right of the plaintiff was revoked on the pretext of overriding public interest but in reality the land was thereafter granted to the 3rd defendant, a private person, for its private business. With the exception of revocation on ground of alienation under section 28(2) (a) or of the requirement of the land for mining purpose or oil pipelines under section 28(2)(c), the Governor has no right to revoke the statutory right of an occupier and grant the same to a private person for any other purpose than those specified by section 28(2) of the Act.
— Bello, CJN. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988
The land in dispute being developed land before the Land Use Act came into force, who ever had it vested in him then was deemed to have continued to hold the land after the commencement of the Act as if he was the holder of a statutory right of occupancy issued by the Governor under S.5 of the Act. It then follows that no other person can be granted a right of occupancy unless S. 28 of the Act is complied with. Any right of occupancy otherwise purportedly granted is contrary to the provisions of the Act and will be of no validity. See Teniola v. Olohunkun (1999) 5 NWLR (Pt.602) 280. It will be set aside by the court in an appropriate case, or be discountenanced when relied on as against a subsisting holder or deemed holder of a right of occupancy.
— Uwaifo, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995
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