LEGAL PRINCIPLE: LAND LAW — Certificate of Occupancy — Effect of Allocation by Competent Authority
PRINCIPLE STATEMENT
Where it has been established as in this appeal that the allocation was made directly to the appellant by a competent authority, the presumption raised therein is that the holder is the owner in exclusive possession of the land in respect thereof.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at pp. 30–31; Paras E–A.
"Where it has been established as in this appeal that the allocation was made directly to the appellant by a competent authority, the presumption raised therein is that the holder is the owner in exclusive possession of the land in respect thereof."
EXPLANATION / SCOPE
Allocation of land by a competent authority raises a presumption that the holder is the owner in exclusive possession. The Certificate of Occupancy is prima facie evidence of ownership. The principle applies to land law. The rule protects holders of valid statutory rights of occupancy. The presumption can be rebutted by contrary evidence. The holder is entitled to exclusive possession against all others.
