LEGAL PRINCIPLE: LAND LAW — Certificate of Occupancy — Prima Facie Evidence — Yields to Better Title
PRINCIPLE STATEMENT
A certificate of occupancy is prima facie evidence of title, but it will give way to a better title.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ilona v. Idakwo & Anor (2003) NLC-971999(SC) at p. 19; Paras A–B.
"A document of title such as a certificate of occupancy is prima facie evidence of title but it will give way to a better title."
EXPLANATION / SCOPE
A certificate of occupancy is not conclusive proof of title. A person with a better title can defeat it. The principle applies to land disputes. The certificate is rebuttable. The rule protects true owners. The court will examine the root of title. The principle is well-established.