ADEWALE KABIRU V. ATTORNEY GENERAL, OGUN STATE
May 30, 2025HENRY ODEH V FEDERAL REPUBLIC OF NIGERIA
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 61760
In the Supreme Court of Nigeria
Fri Apr 4, 2008
Suit Number: SC.302/2002
CORAM
LEWIS, JUSTICE, SUPREME COURT
ANTHONY IJOMA ASEME, JUSTICE COURT OF APPEAL
PARTIES
S. O. ADOLE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed title to the land in dispute on the certificate of occupancy issued to him while the respondent counter- claimed as a deemed grantee of the land.
HELD
The court dismissed the appeal and held that the certificate of occupancy issued to the appellant was invalid.
ISSUES
1. Were the learned Justices right in the circumstance of this case in holding that there was no evidence led to show that the land in dispute is within Greater Makurdi Urban Area. Or put in another way, did the plaintiff (Appellant) on the evidence produced by him successfully establish that the land in dispute is situated within the Makurdi Urban Area, (Based on ground 1 of the Grounds of Appeal).
2. Whether the power conferred on the Governor under section 5(2) of the Land Use Act, 1978 presupposes prior strict compliance with Section 28 of the Act where there exist Title holders to the land affected (Based on ground 2 of the Grounds of Appeal).
3. Whether or not the Statutory right of occupancy issued to the Appellant was validly granted and could therefore extinguish the Respondent’s title as a deemed title holder considering section 5 sub-section 2 and 34 subsections 5 and 6 of the Land Use Act, 1978 (Based on ground 3 of the Grounds of Appeal).
4. Whether or not the Respondent, now Appellant proved his title to the piece of land in dispute by the production of a document of title (Certificate of Occupancy No.BNA 5131) referred to as Exhibit 2 from the record and or, whether the costs of n5,000 awarded was not excessive. (Based on ground 4 of the Grounds of Appeal).
RATIONES DECIDENDI
A DEEMED STATUTORY RIGHT OF OCCUPANCY CANNOT BE ESTINGUISHED
A deemed statutory right of occupancy, being a vested right recognised by the Act itself, cannot be extinguished under section 5(2) of the Land Use Act by the issue of a statutory right of occupancy over the same plot. The right can only be revoked under Section 28 of the Act- Onu J.S.C.
A CERTIFICATE OF OCCUPANCY IS ONLY PRIMA FACIE EVIDENCE OF OWNERSHIP OF LAND
Certificate of Occupancy issued on the Land Use Act, it must be stressed, cannot be said to be conclusive evidence of any interest or valid title to land in favour of the grantee; it is only prima facie evidence of such right interest or title without more and may in appropriate cases be effectively challenged and rendered in valid, null and void- Onu J.S.C.
CASES CITED
1. Savannah Bank (Nig) Ltd. v. Ajilo (2001) FWLR (Pt. 75) 513; 2.
2. Sunmonu Olohunde & Anor. v. Prof. S. K. Adeyoju (2000) 6 SCNJ 470 at 505
3. Nigeria Engeering Works Ltd. v. Denap Ltd. and Another (2001) 12 SCNJ 251 at 275
4. Mohamoud J. Lababedi v. Lagos Metal Industries (Nig.) Ltd. (1973) NSCC. 1 at 6.
5. Dzungwe v. Gbishe & Another (1985) 2 NWLR (Pt.8) 528 at 540. 2.
6. Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 735
STATUTES REFERRED TO
The Land Use Act
