CORAM

MUHAMMADU LAWAL UWAIS CHIEF JUSTICE NIGERIA

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD,, JUSTICE, SUPREME COURT.

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT

PARTIES

DODO DABO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent was granted a certificate of occupancy over the land in dispute situated in an urban area by the Governor while the appellant was granted a certificate of occupancy by the local government

HELD

The court held that the Respondent’s Certificate of Occupancy raised a prima facie evidence of title which was not rebutted by appellant.

ISSUES

1. Whether the Court of Appeal properly affirmed the validity of Exhibit 2 and the fact that the Governor lawfully exercised his powers to issue same. 2. Whether the Court was right when it affirmed that Exhibit 2 was over the piece of land in dispute. 3. If the answer to ‘a’ and ‘b’ above are in the affirmative, whether in the circumstances, on the authority TENIOLA VS. OLOHUNKUN, the Appeal ought to be dismissed. 4.  Whether the Court of Appeal was right to have affirmed the judgment of the trial court.

RATIONES DECIDENDI

CASES CITED

1. TENIOLA VS. OLOHUNKUN (1999) 4 SCNJ 922. Okafor V. Attorney-General (1992) 6 SCNJ. (Part II,) 2193. Ikeanyi V. A.C.B. (1997)2 SCNJ 93 at 1084. Saude V. Abdullahi (1989)4 NWLR (Part 116) 387 5. Dabup V. Kolo (1993) 12 SCNJ 1 at page 21 6. Titilayo V. Olupo (1991) NWLR (Part 205) 519 at 530

STATUTES REFERRED TO

The Land Use Act

CLICK HERE TO READ FULL JUDGMENT