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PREMISES HAVE NO DEFINITE DEFINITION FROM THE AUTHORITIES CITED

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Let us first examine the meaning of the term “premises”. From the many learned legal works cited to us by appellant’s counsel Corpus Juris Secondum (supra), Jowitts Dictionary of English Law( supra) and Strouds Judicial Dictionary of English Law (supra), it appears that the term premises’ has a fluid or flexible meaning without a static connotation. It sometimes means bare land and sometimes land with buildings thereon, its meaning at any given. time would be determined according to what the parties so decide, as may be ascertained from the document executed by the parties. On the other hand, from the authorities cited by the respondents Ponsford v. H.M.S. Aerosols, Doe d. Hemming v. Willetes (supra), Cuff v. J & F Store Property Co. Ltd (supra) and Turner v. York Motors Property Ltd the term premises’ under the Recovery of Premises Law, Cap 118, Law of Lagos States, is used in the two senses of buildings with its grounds or appurtenances or simply as land without any building thereon. It may be noted that what can be distilled from the authorities of decided cases cited to us, including a welter of definitions in lexicons is that the term premises’ may connote bare land or the land with the buildings thereon, depending on what the parties intend it to connote, having regard to the circumstances of the case. In the final analysis, there is no doubt whatsoever that the meaning or the definition of the term “premises” is fraught with difficulties and whether it is intended to convey a precise or specific meaning will continue to exercise the courts because the situation in each case will unquestionably depend on the facts of the case thereof.

— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609

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landlord & tenant

OPTION CLAUSE IN A TENANCY AGREEMENT BINDS SUCCESSIVE LESSORS

An option clause in a tenancy agreement is a covenant which runs with the land and binds the successors of both the lessor and the lessee in possession. It is immaterial that the lease is not registered provided the lessee has entered into possession and paid the rent pursuant to the agreement, he acquired a legal tenancy. Both parties in such a case are bound by the terms of the agreement and the parties are treated as having the same rights and as being subject to the same liabilities as if a valid lease had been granted. See Manchester Brewery Co. v. Coombs (1901) 2 Ch. 608, p.613.

— Coker, JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

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WHEN TENANCY AT WILL ARISES

Pan Asian African Co. Ltd. v. National Insurance Corporation (Nig.) Ltd. (1982) All NLR 229, this court said at page 243: “A tenancy at will arises whenever a tenant with the consent of owner occupies land as tenant (and not merely as servant or agent) on terms that either party may determine the tenancy at any time. This kind of tenancy may be created expressly [e.g. Mansfield and Sons Ltd. v. Botchin (1970) 2 QB 612] or by implication, common examples are where a tenant whose lease has expired holds over with landlord’s permission without having yet paid rent on a period basis (see e.g. Meye v. Electric Transmission Ltd. (1942) Ch 290).”

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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)

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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 time. The notice to quit would subsist until it is formally rescinded by the landlord and or when a fresh tenancy agreement is entered into.

– Ogunwumiju JSC. Pillars v. William (2021)

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TENANCY BY ESTOPPEL

Now tenancy by estoppel is a well known principle of common law and equity. Under this principle, a landlord cannot question the validity of his own grant, nor can the tenant question it while he is enjoying possession of the land.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

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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 occupation start to run from the date of holding over the property, the function of the court being to ascertain an amount which may constitute a reasonable satisfaction for the use and occupation of the premises held over by the tenant. The previous rent may sometimes be a guide, but may not be conclusive.

– Nnaemeka-Agu, JSC. Petroleum v. Owodunni (1991)

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