Generally, every express surrender is void unless it is made by deed or in writing. But “the use of the word ‘surrender’ is not necessary. Any form of words which shows the intention of the parties to effect a surrender will be sufficient and the words will be construed so as to give effect to that intention.” See; Halsbury’s Laws of England, 4th Edition page 499 paragraph 526. However, delivery of possession by the tenant to the landlord and acceptance of possession by landlord effect a surrender by operation of law. In this case, the law gives effect to the intention of the parties as appearing from their acts, and cures the informality of the surrender. It is said that where the elements of surrender are satisfied, the subsequent assertion by the tenant that he had no intention of leaving permanently is irrelevant. See; Halsbury’s Law (supra) at pages 500-501 paragraph 527.
— O. Ariwoola JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)