In point of law and of fact, once there is an incident of statutory tenancy, the tenant becomes a weekly, monthly or yearly tenant, depending upon the term of the original grant. As it is so, his tenancy can only be lawfully terminated in accordance with the manner and length of term of the original grant between the landlord and the tenant.
– Nnaemeka-Agu, JSC. Petroleum v. Owodunni (1991)
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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)
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.
Be that as it may, there are 3 main types of tenancy, tenancy at will, periodic tenancy and fixed term (or term certain). – AMINA ADAMU AUGIE, JCA. Bocas v. Wemabod (2016)
Wheeler v. Mercer (1956) 3 All ER 631, Lord Simonds said at page 634: “A tenancy at will though called a tenancy is unlike any other tenancy except a tenancy at sufferance to which it is next of kin. It has been properly described as a personal relation between the landlord and his tenant; it is determined by the death of either of them or by one of a variety of acts, even by an involuntary alienation, which would not affect the subsistence of any other tenancy.”
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 The notice to quit would subsist until it is formally rescinded by the landlord and or when a fresh tenancy agreement is entered into.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)
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 terms therefore for a Plaintiff whose claim is founded on customary tenancy to also assert that he is in exclusive possession.
— F.F. Tabai JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
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