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CERTIFICATE OF OCCUPANCY IS ONLY PRIMA FACIE EVIDENCE OF TITLE

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Dictum

It must however be stressed that this does not and cannot, mean that once instrument of title to land, such as a Deed of Conveyance or a Certificate of Statutory or Customary right of occupancy is tendered in court, this automatically proves that the land therein purportedly conveyed, granted or transferred by that instrument becomes the property of the grantee. See Prince Ngene v. Chike Igbo and Another (2000) 4 NWLR (Pt. 651) 131. The existence of a certificate of occupancy is merely a prima facie evidence of title to the land it covers and no more. Nor does mere registration validate spurious or fraudulent instrument of title or a transfer or grant which in law is patently invalid or ineffective. See Lababedi and Another v. Lagos Metal Industries Ltd. and Another (1973) 8 N.S.C.C. 1. (1973) 1 SC. 1.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

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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)

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

“A certificate of occupancy or any other document of title is prima facie evidence of title, but will give way to a better title. A person in whose name a certificate of occupancy has been issued can only validly hold on to it if he can show that he legitimately acquired the land. He should be able to show that the certificate was issued in his favour after he had properly acquired the land. Thus, where it is proved that another right of occupancy resides in another person, and such right has not been extinguished, the certificate of occupancy is liable to be declared invalid. See also the following cases: Ilona Vs Idakwo (2003) 11 NWLR (Pt. 830) P. 53; Eso Vs Adeyemi; Azi Vs Reg. Trustees Of The Evan. Church Of West Africa (1991) NWLR (Pt. 155) P. 113; and Reg. Trustees, Apostolic Church Vs Olowoleni (1995) 6 NWLR (Pt. 158) P. 514.”

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

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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 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

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R OF O HOLDS LARGER INTEREST THAN HOLDER OF LEASE

The Interest of a lessee in land is not exactly the same as that of a holder of a right of occupancy. A holder of a right of occupancy enjoys a larger interest than a holder of a lease (i.e. lease) although the two interests enjoy a common denominator which is a term of years.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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