NO ROOT OF TITLE MAKES C of O MERE PAPER

Daniel Igwu Uche v. Jonah Eke and 2 Ors., the Supreme Court per Belgore JSC (as he then was and now CJN) had this to say at pages 6 to 7: “Any grant of land whether private or by statutory right of occupancy evidenced by a certificate of occupancy will be mere piece of paper not worth anything if the root of title to make the conveyance is not vested in the vendor. If this is not so, all a person has to do is to go to the land office of the government and obtain a right of occupancy in respect of land of a family who may not know that their land has been given to a complete stranger.”

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GOVERNOR HAS NO RIGHT TO REVOKE R OF O FOR ANOTHER PRIVATE PERSON

The evidence shows that the right of the plaintiff was revoked on the pretext of overriding public interest but in reality the land was thereafter granted to the 3rd defendant, a private person, for its private business.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

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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

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CERTIFICATE OF OCCUPANCY IS ONLY EVIDENCE OF TITLE

It is also trite that a Certificate of Occupancy is only prima facie evidence of title or possession, but it is not conclusive proof of title to the land to which it relates. See: Registered Trustees Mission vs Olowoleni (1990) 6 NWLR (Pt. 158) 514: Otukpo Vs John (Supra): Adole Vs Gwar (2008) 11 NWLR (Pt. 1099) 562: (2008) LPELR-189 (SC) @ 17 D-E.

— K.M.O. Kekere-Ekun, JSC. Reg. Trustees Apostolic Church v. Reg. Trustees of Grace Church (2021) – SC.270/2011

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POSITION OF THE LAW WHERE TWO OR MORE PERSONS CLAIM A RIGHT OF OCCUPANCY OVER THE SAME LAND

“The law has been settled for long that where two or more persons claim title to land or a right of occupancy over the same land, the first in time takes priority as it is stronger in law. The latter grantee is deemed not to have been granted any title or right of occupancy. A grantor of title or right of occupancy cannot give title or right of occupancy to two persons, one must be valid, the other invalid. The law is trite one cannot grant title over a parcel of land and still be in legal position to grant such title to another. He would have no such title to grant to the latter grantee under the doctrine of “nemo dat quad non habet”. See FBB Ind. Ltd. v. Mutunci Co. (Nig.) Ltd. (2012) 6 NWLR (Pt. 1297) P. 487 @ 524; Omiyale v. Macaulay (2007) 7 NWLR (Pt. 1141) P. 597; Ibrahim v. Osunde (2009) 6 NWLR (Pt. 1137) P. 382; Ashiru v. Olukoya (2006) 11 NWLR (Pt. 990) P. 1 and Dantsoho v. Mohammed (2003) 6 NWLR (Pt. 817) P. 457.”

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

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CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF EXCLUSIVE POSSESSION

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

CERTIFICATE OF OCCUPANCY IS IN SUBSTANCE A TERM OF YEARS MAKING IT A LEASE

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NO ROOT OF TITLE MAKES C of O MERE PAPER

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GOVERNOR HAS NO RIGHT TO REVOKE R OF O FOR ANOTHER PRIVATE PERSON

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WHERE TWO CERTIFICATES OF OCCUPANCY ARE ISSUED OVER THE SAME LAND

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CERTIFICATE OF OCCUPANCY IS ONLY EVIDENCE OF TITLE

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POSITION OF THE LAW WHERE TWO OR MORE PERSONS CLAIM A RIGHT OF OCCUPANCY OVER THE SAME LAND

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CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF EXCLUSIVE POSSESSION

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