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 v. Nwara (1993)
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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 due in the morning of the day appointed by the parties to a tenancy for payment thereof, if no specific day is appointed, rent becomes due on the last day of the period for which it is payable, so that annual rent payable annually becomes due on the last day of the year in respect of which it is payable, rent payable monthly becomes due on the last day of the month and so on.
– ADEKEYE JCA. Anyafulu v. Agazie (2005)
I hold the considered view that from the moment a year’s rent became due and payable by the respondent but remained unpaid, the yearly tenancy, if any, created by the conduct of the parties thereto came to an end by effluxion of time and the respondent thereby became a tenant at will of the 1st appellant by continuing in possession of the property. In law we describe the respondent at that stage as holding over the property and in that capacity it became a tenant at will.
– Onnoghen JSC. Odutola v. Papersack (2007)
A customary tenancy involves the transfer of an interest in land from the customary landlord or overlord to the customary tenant and which interest entitles the customary tenant to exclusive possession of the land and which interest, subject to good behaviour, he holds in perpetuity. Unless it is otherwise excluded, the main feature of a customary tenancy is the payment of tributes by the customary tenant to the overlord. And the status of his exclusive possession is such that it is enforceable against the world at large including even the customary landlord or those claiming through him.
— F. Tabai, JSC. Dashi v Satlong (2009) – SC.303/2002
The right to foreclosure is very powerful remedy in the hands of the equitable mortgagee and the vendor who takes a legal estate with notice of an equitable mortgage and therefore subject to this class of equitable interest should bear this in mind since, in certain circumstances, he may find in the end that he has bought a worthless legal estate.
– Idigbe JSC. Ogundiani v. Araba (1978)
The statement that occupation by a customary tenant is no occupation by the landlord is, in my view, too wide and is certainly in disregard to the relationship between customary landlord and customary tenant. Although it has been said that a customary tenant who keeps the conditions imposed by the tenancy agreement can enjoy his tenancy in perpetuity, he is in
fact a tenant from year to year subject to the payment of rent or tribute. As in English Common Law when: a tenant cannot challenge the title of his landlord under customary law, a customary tenant cannot dispute the title of his landlord.
– Obaseki, JSC. Abioye v. Yakubu (1991) – SC.169/1987
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 as the possession he enjoys is that given by the landlord. The landlord is the
holder under the Land Use Act and the tenant does not come within the definition of holder. Where there is a holder, the tenant although an occupier, is not entitled to a customary right of occupancy.
– Obaseki, JSC. Abioye v. Yakubu (1991) – SC.169/1987
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