STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

THE PAYMENT OF RENT IS IN A CLASS OF ITS OWN

Reach more audience. Place advert here.

In Property Holding Co. Ltd. v. Clarke (1945) 1 All ER 165 at 173, Evershed, L.J, approved a passage in Holdsworth History of England – “In modern law rent is not conceived of as a thing, but rather as a payment, which the tenant is bound by his contract to make to his landlord. From all indications, rent is in a class of its own, and it also stands very tall because the agreement to pay the rent outshines any other considerations. In other words, a tenant is not at liberty to engage in a rent strike because its covenant to pay rent is independent of the landlord’s obligation to effect repairs.”

Was this dictum helpful?

SHARE ON

landlord & tenant

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. –...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MESNE PROFITS & DAMAGES FOR USE AND OCCUPATION

Another area of difference between mesne profits and damages for use and occupation is the date of commencement. Mesne profits start to run from the date of service of the process for determining the tenancy (see Canas Property Co. Ltd. v. K. L. Television Services Ltd. (1970) 2 QB 433. But damages for use and...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

RECOGNITION OF TWO CLASSES OF TENANTS

It is now well settled, by decided cases of this court that for the purposes of the Rent Control and Recovery of Premises, the law recognises only two classes of tenants. These are the contractual tenancies, and the statutory tenancies. – Karibe-Whyte, JSC. Petroleum v. Owodunni (1991) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

PLEA FOUNDED ON THE ALLEGATION OF CUSTOMARY TENANCY – LEGAL CONSEQUENCES

Now before proceeding to analyse the evidence, let me restate the legal consequences on the issue of burden of proof when a claim is founded on customary tenancy. It is settled principle of law that a claim which seeks a declaration that the Defendants are customary tenants of the plaintiff and other consequential reliefs emanating...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

THERE IS PRESUMPTION OF OWNERSHIP IN CUSTOMARY TENANT UNLESS REBUTTED

In Raphel Udeze & Ors v. Paul Chidebe & Ors (1990) 1 NWLR (Part 125) 141 at 160-161 this Court per Nnaemeka-Agu JSC stated: “It is left for me to mention that the courts below also found that although the appellants pleaded that the respondents were their customary tenants who occupy the land in dispute...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.