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RENT INCLUDE THE IMPROVEMENTS MADE ON THE PREMISES

Dictum

✓ Ponsford v. H.M.S. Aerosols (supra). Here there was lease dated August 19, 1968 of factory premises in Barking for 21 years and the revision of rent was to be referred to a surveyor under an arbitration clause where the parties disagree on the revised rent. In 1969, the premises were burnt down and rebuilt out of the proceeds of insurance. The licence for the improvements which were in fact made was contained in a document dated November 14, 1969, where in clause 1 it provided: “The landlords hereby grant unto the tenants licence to execute in and upon the demised premises the several alterations and works indicated in the plan annexed …. It is hereby agreed and declared that all the lessee’s covenants and conditions contained in the lease which are now applicable to the premises demised thereby shall continue to be applicable to the same when and as altered and shall extend to all additions which may be made thereto in the course of such alterations.” The lease of August 19, 1968 indicated, inter alia, that the rent would be assessed “as reasonable rent for the demised premises”. The trial judge. held that a reasonable rent for the premises should be assessed without taking account of the improvements made by the defendants. The plaintiffs appealed on the ground that the judge was wrong in his construction of the rent review clause. On appeal, the Court of Appeal, by a majority of 2:1, reversed the judgment of the trial court and held that the revised rent would include the improvements made on the demised premises.

✓ Cuff v. J. & F. Stone Proper Ltd. (supra) provided that improvement on the land should not be wholly disregarded. Cuffs case is different from the case before us in the sense that the improvements on the land had been made prior to the execution of the lease. Accordingly the improvement, unless expressly excluded, must be taken into account in computing the revised rent. In the instant case there was not improvement on the bare land at the time of the lease, and the subsequent improvement did not form part of the demised premises. Without doubt, the improvements in the Cuff case formed part of the demised premises.

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LAND WILL CONTINUE TO BE HELD BY THE PERSON IN WHOM IT IS VESTED BEFORE LAND USE ACT COMMENCEMENT

It is common ground that the land in dispute over which Exhibit B was issued in favour of the plaintiff is within the urban area of Ibadan. It is not in dispute that it is developed land within the provisions of section 5(1) of the of the Land Use Act 1978. Accordingly, pursuant to section...

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DISTINCTION BETWEEN A HOLDER & OCCUPIER IN LAND LAW

The essential distinction which could be made between a “holder” and an “Occupier” as defined, is that whereas the former is a person entitled in law to a right of occupancy, the latter is not a person so entitled. The legal effect of the distinction is that an “occupier” will necessarily hold of a “holder”...

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PURCHASER’S INABILITY TO FULFILL PART PAYMENT WILL NULLIFY THE LAND CONTRACT

Mustapha v. Abubakar (2026) 7 NWLR (Pt. 2043) 541 at 568 — 569, D — A: ‘In the case of Florence Achonu v. Oladipo Okuwobi (2017)LPELR-42102(SC), (2017) 14 NWLR (Pt.1584) 142 this court addressed the critical issue of the purchaser’s inability to fulfil payment obligations. The court emphasized the legal implications of such a failure, exploring the responsibilities of both the buyer and the seller within the context of the transaction. The court underscored the importance of timely payment under contractual agreements and outlined the consequences that arise when a purchaser fails to meet his financial commitments as stipulated in the contract. “The law is settled that where a purchaser of land makes part payment of the purchase price, but defaults in paying the balance, there can be no valid sale even where the purchaser is in possession. Such possession is incapable of defeating the vendor’s title. See Odusoga v. Ricketts (1997) 7 NWLR (Pt. 511) 1.In the instant case, the purchaser, that is the appellant had failed to pay the balance of the purchase price at the expiration of the one week agreed upon by her and after extension of time and repeated demands for payment by the respondent. The learned Justices of the Court of Appeal were therefore justified when they quashed the trial court’s order for specific performance. This issue is accordingly resolved against the appellant and in favour of the respondent.” The law is fairly settled that a purchaser cannot make part payment and refuse to complete payment as agreed, so doing will amount to repudiation of the agreement and the vendor will be at liberty to claim damages for breach of contract, parties are bound by their agreement. Again, where the purchaser acts in breach of his agreement with the vendor, he cannot ask for specific performance’.

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WHEN IS THERE A VALID SALE OF LAND

In law therefore, a valid sale of land is constituted where there is payment of money as consideration, acknowledgment of receipt of the purchase money and execution of deed of conveyance in favour of the purchaser by the Vendor. See Erinosho v. Owokoniran (1965) NMLR 479. See also Ogunbanbi v Abowab (1951) 13 WACA 222;...

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DEFAULT IN PAYING BALANCE FOR SALE OF LAND WILL RESCIND THE CONTRACT

Mustapha v. Abubakar (2026) 7 NWLR (Pt. 2043) 541 at 574, E — H: ‘Therefore, where the purchaser fails to pay the purchase price for a property in full or fails to pay it on time, where time is of essence, the courts have held that he will have no right to call for specific performance as such a breach of undertaking is fundamental to the entire contract’. … ‘Where a purchaser of land made part payment of the purchase price but defaulted in paying the balance, there can be no valid sale even where the purchaser is in possession – Manya v. Idris (2001) 8 NWLR (Pt. 716) 627, Saka v. Ijuh (2010) 4 NWLR (Pt. 1184) 405. There will then be a right in the vendor to rescind the contract of sale and resell the property’.

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DAMAGE TO CROP GROWING ON LAND

It is a misconception to regard damage for crops growing on land as not belonging to a claim for trespass to land. Quic quid plantatur solo, solo cedit. – Obaseki, JSC. Ekpan v. Agunu (1986) Was this dictum helpful? Yes 0 No 0...

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