Judiciary-Poetry-Logo
JPoetry

NO ROOT OF TITLE MAKES C of O MERE PAPER

Dictum

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.”

Was this dictum helpful?

SHARE ON

PARTY WITH A BETTER TITLE WILL DEFEAT PARTY WHO HAS A CERTIFICATE OF OCCUPANCY

Where a certificate of occupancy has been granted to one of two claimants who has not proved a better title, it must be deemed to be defective and to have been granted or issued erroneously and against the spirit of the Land Use Act and the holder of such a certificate would have no legal basis for a valid claim over the land in issue. So, too, where it is shown by evidence that another person other than the grantee of a certificate of occupancy had a better right to the grant, the court may have no option but to set aside the grant or otherwise discountenance it as invalid, defective and/or spurious as the case may be. See Joshua Ogunleye v. Oni (supra), Dzungwe v. Gbishe and Another (1985) 2 NWLR (Pt.8) 528 at 540. For a certificate of occupancy under the Land Use Act, 1978 to be therefore valid, there must not be in existence at the time the certificate was issued, a statutory or customary owner of the land in issue who was not divested of his legal interest to the land prior to the grant.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

Was this dictum helpful?

WHEN GOVERNOR CAN REVOKE A RIGHT OF OCCUPANCY

The power of the Governor to revoke a right of occupancy must be for overriding public interest and for requirement by the Federal Government, for public purposes. So that any revocation for purposes outside the ones prescribed by section 28 of the Act is against the policy and intention of the Act and can be declared invalid, null and void by a competent court.

– Katsina-Alu, JSC. Dantsoho v. Mohammed (2003)

Was this dictum helpful?

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The evidence shows that the right of the plaintiff was revoked on the pretext of overriding public interest but in reality the land was thereafter granted to the 3rd defendant, a private person, for its private business.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

Was this dictum helpful?

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

Was this dictum helpful?

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

Was this dictum helpful?

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

Was this dictum helpful?

No more related dictum to show.