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CONDUCT OF PARTIES MAY DECIDE IF A TENANCY HAS BEEN CREATED

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Isaac v. Hotel de Paris Limited (1960) 1 ALL E.R. 348, it was held that the intention of the parties and the conduct of the parties must be the deciding factor whether a tenancy has been created or the relationship was merely that of a licensor and licensee even though there was exclusive possession by the appellant and the acceptance of the amount of the rent by the respondent company.

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landlord & tenant

COVENANT TO PAY RENT IS INDEPENDENT OF LANDLORD’S DUTY TO REPAIR

Oke v. Salako (1972) 11 CCHCJ 88, wherein Kassim, J., held – “…A tenant’s covenant to pay rent is independent of the landlord’s covenant to repair the premises; the tenant is not discharged from his obligation to pay rent merely because his landlord is unwilling to fulfill his obligation.”

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LAND CANNOT BE GIVEN OUT WITHOUT CUSTOMARY TENANTS CONSENT

A very important factor is that the grantor of the land, once it has been given to the grantees as customary tenants, cannot thereafter grant it or any part of it to a third party without the consent or approval of the customary tenants. The grantor is not allowed to derogate from his grant. –...

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WRIT OF SUMMONS REGULARISES DEFECTIVE NOTICE TO QUIT

The ruse of faulty notice used by tenants to perpetuate possession in a house or property which the land lord had slaved to build and relies on for means of sustenance cannot be sustained in any just society under the guise of adherence to any technical rule. Equity demands that wherever and whenever there is...

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NATURE OF TENANCY AT SUFFERANCE

Now, a tenancy at sufferance is one in which the original grant by the landlord to the tenant has expired, usually by effluxion of time, but the tenant holds over the premises. In such a case the tenant’s right to occupation of the premises to which he had come in upon a lawful title by...

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SEVEN LANDLORDS MUST NOT NEED OCCUPATION

Why must the seven landlords who were the plaintiffs in the case need the occupation of the single ground floor flat before they can recover possession of the flat. If that is the law, it is a law devoid of human face, human reason and common sense. I shall not project such a law. –...

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PLAINTIFF-OWNER WHO CLAIMS CUSTOMARY TENANCY CANNOT BE IN EXCLUSIVE POSSESSION

This is yet another misconception of the legal issue raised in the case. Once a Plaintiff claims that a Defendant is his customary tenant on the land in dispute and claims relief based thereon, he admits unequivocally that the Defendant is in exclusive possession of the land in dispute. It would be a contradiction in...

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