CUSTOMARY TENANT CANNOT BE IN POSSESSION WHERE LANDLORD NOT IN POSSESSION

A customary tenant is a tenant from year to year liable under Customary Law to pay rents or tribute to the landlord for the use of the land and barred from alienating the land or disputing the title of the landlord without consent. He cannot be in possession if his landlord is out of possession...

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RENT CAN BE COLLECTED DESPITE SERVICE OF NOTICE TO QUIT

The fact that a landlord collected rent on a property still in occupation or possession of the tenant after notice to quit cannot by any stretch of the law, equity or imagination amount to a waiver of the notice to quit even where the notice had expired and the tenant refused to yield possession in...

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WHEN RENT IS DUE FOR PAYMENT

Rent is paid as an acknowledgment of tenancy, and it shall be paid to the landlord or his agent in person or otherwise as directed by the landlord, when due depending on the terms of the tenancy, which in this case is monthly. By virtue of section 77(1) – Landlord and Tenants Law rent becomes...

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CONDUCT OF PARTIES MAY DECIDE IF A TENANCY HAS BEEN CREATED

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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BREACH OF COVENANT IS A MERE GROUND FOR FORFEITURE

The 2nd respondent’s argument is also misplaced in another respect: It assumes that upon breach of a covenant in a lease, the forfeiture of the lease is automatic. It is, however, trite that a breach of a covenant is merely a ground for forfeiture. The lessee may, however, apply for relief. – Nnaemeka-agu, JSC. Ude...

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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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CUSTOMARY TENANT CANNOT BE IN POSSESSION WHERE LANDLORD NOT IN POSSESSION

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RENT CAN BE COLLECTED DESPITE SERVICE OF NOTICE TO QUIT

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WHEN RENT IS DUE FOR PAYMENT

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CONDUCT OF PARTIES MAY DECIDE IF A TENANCY HAS BEEN CREATED

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BREACH OF COVENANT IS A MERE GROUND FOR FORFEITURE

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

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