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CERTIFICATE OF OCCUPANCY IS NOT CONCLUSIVE PROOF OF RIGHT OF OCCUPANCY

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I think the point must be stressed that a certificate of statutory or customary right of occupancy issued under the Land Use Act, 1978 cannot be said to be conclusive evidence of any right, interest or valid title to land in favour of the grantee. It is, at best, only a prima facie evidence of such right, interest or title without more and may in appropriate cases be effectively challenged and rendered invalid and null and void. See Lababedi v. Lagos Metal Industries (Nig.) Ltd. (1973) NSCC 1 at 6.

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

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CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF TITLE – BETTER TITLE REBUTS IT

In other words, a certificate of occupancy properly issued by a competent authority raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof. Such a certificate also raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked. The presumption is however rebuttable because if it is proved by evidence that another person had better title to the land before the issuance of the certificate of occupancy then the court can revoke it. See Osazuwa v. Oji (1999) 13 NWLR (Pt. 634) 286. See also Atta vs. Ezeanah (2001) FWLR (Pt. 49) 1489, (2000) 11 NWLR (Pt. 678) 363; Shogo vs. Adebayo (2000) 14 NWLR (Pt. 686) 121.

— N. Tobi, JSC. Ezennah v Atta (2004) – SC.226/2000

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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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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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CERTIFICATE OF OCCUPANCY IS ONLY PRIMA FACIE EVIDENCE OF TITLE

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 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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A GOVERNOR CAN DEFINITELY REVOKE A C OF O

On the issue of revocation, the Governor definitely has power to revoke a certificate of occupancy for (1) a breach of the provisions which a certificate of occupancy is by section 10 deemed to contain; (2) a breach of any term contained in the certificate of occupancy or in any special contract made under section 8. See section 28(5) (a) & (b) Land Use Act, 1978.

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

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