IS CERTIFICATE OF OCCUPANCY AN ABSOLUTE TITLE TO LAND?

On Friday 2nd Sept 2016, a client approached me with heavy heart narrating her ordeal.

HER STORY:

In her own words. “Eight years ago I bought a land some where in Ibeju Lekki from a renowned family (name withheld) . I made sure I met with the family head and principal family members. I went with a lawyer who helped me verified all necessary documents. After all negotiation had been reached, I paid the required fee to the family’s bank account and I was given a valid Deed of Assignment, a valid Survey plan of the land, and a receipt for payment of the land. Immediately the title to the land was transferred to me, I fenced the land round to protect it against fraudulent sellers. One year later, I started developing the land and I did it peacefully without disturbance or interference until last week when I received a Notice to “STOP WORK” from the Lagos State Town Development Authority. I was confused, so I went to make proper enquiry only to discover that somebody was making claim over the same land!!  It later turned out that the person in question has been issued a Certificate of Occupancy over my land!! And the worst part is that I don’t have a Certificate of Occupancy”.

After she narrated her story to me, i  calmed her down and assured her  that she has not lost the title to her land and there is a solution.

This woman’s story is a common problem that people face every day in land matters. It is important for everyone to know and understand their rights on land matters.

The Land Use Act although did not define a Certificate of Occupancy, however (section 9) of the land use act makes provision making it lawful for the governor of a state to issue a Right of Occupancy. Nonetheless, Certificate of occupancy is the right to use and occupy a land, it gives right of occupying to occupiers but does not give title with the certificate. This means that Certificate of Occupancy does not necessarily confer an evidence of title on the person holding it and as such , the issuance of a  Certificate of Occupancy in respect to any land would not validate any defect in the title of the holder or, set aside the right of a person that has a better title to the land before the issuance of the Certificate of Occupancy.

Thus in the case of C.S.S. Bookshops Ltd vs Registered Trustees of Muslim Community in Rivers State & 3 Ors [2006] 11 NWLR (pt 992)530 at 567-568, the supreme court emphasized it that the mere grant of a right of occupancy over a land in respect of which there is already a right of occupancy or an existing interest in favor of another person, does not amount to the revocation of the prior right of occupancy or existing interest.

Though Certificate of Occupancy is a document that is accepted as evidence of title, but if it can be properly proven by evidence that another person has a better title to the land before the Certificate of Occupancy was issued, the Certificate of Occupancy will be revoked. In MBASHINYA V. LIMAN (1996) 3 NWLR Pt 434, where there was an issue as to the title of land, the court held that the right of an existing holder or occupier of a parcel of land is not automatically extinguished by a mere issuance of a Certificate of Occupancy to another person. A Certificate of Occupancy does not revoke the right of any other person having a customary right over the land.

In the case of CHIROMA V.SUWA (1986) 1NWLR PT 19, the plaintiff had applied for and obtained a statutory right of occupancy over a parcel of land, which the defendant had earlier acquired a valid title to. The court rejected the plaintiff’s claim and held that the governor’s grant could not defeat the defendant’s prior title.

It must be noted 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 or valid title to a land. It is, at best, only an evidence that is accepted until been challenged and proven otherwise (prima facie evidence) by someone that has acquired a better title before the issuance of the Certificate of Occupancy, and the court has the power to declare the Certificate of Occupancy null and void and to be revoked or set aside.

Conclusively, it is safe to go beyond mere acquiring a Certificate of Occupancy for a land document also, for those of us that have all the valid document except the Certificate of Occupancy, though your title to land can still be protected but i advise that you get a Certificate of Occupancy so as to be free from stressful and endless litigation. However in this present day where land is of great value and demand, and land scammers are on the loose, it will be very wise to contact a real property law firm with great expertise when buying a land or property.

For more information on this article or any other issue, do not hesitate to email ibejulekkilawyer@gmail.com. or call 08034869295.