LEGAL PRINCIPLE: LAND LAW — Certificate of Occupancy — Presumption of Ownership Arising from Certificate of Occupancy
PRINCIPLE STATEMENT
A holder of a certificate of occupancy holds the title to the property subject only to conditions in the Land Use Act. A certificate properly issued raises the presumption that the holder is the owner in exclusive possession. The presumption is rebuttable if another person proves better title before issuance.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at pp. 17–18; Paras E–A.
"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. … 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raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked.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."
EXPLANATION / SCOPE
A certificate of occupancy raises a presumption of exclusive ownership and possession. It also presumes no unrevoked customary owner existed at issuance. The principle applies to land law under the Land Use Act. The presumption is rebuttable by proof of better title. The court may revoke the certificate if better title is proved. The holder’s title is subject only to conditions in the certificate and the Act.
