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

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

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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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THE WEIGHT OF A CERTIFICATE OF OCCUPANCY

It is settled law that a certificate of occupancy is only a prima facie evidence of title or right of occupancy in favour of the person whose name is on the certificate of occupancy. Where a rebuttal is raised on that presumption, the trial court is bound to examine all the surrounding circumstances, including the nature of competing claims, why the certificate of occupancy is issued in that person’s name and any other issues of law or fact on why a rebuttal of that presumption is raised.

– Bulkachuwa, JSC. Atta v. Ezeanah (2000)

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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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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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NEW CERTIFICATE OF OCCUPANCY CANNOT BE AWARDED WITHOUT THE EARLY ONE REVOKED

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).

PRESUMPTION RAISED BY CERTIFICATES OF OCCUPANCY

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

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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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THE WEIGHT OF A CERTIFICATE OF OCCUPANCY

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CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF EXCLUSIVE POSSESSION

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

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NEW CERTIFICATE OF OCCUPANCY CANNOT BE AWARDED WITHOUT THE EARLY ONE REVOKED

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