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WRIT OF SUMMONS REGULARISES DEFECTIVE NOTICE TO QUIT

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Dictum

The ruse of faulty notice used by tenants to perpetuate possession in a house or property which the land lord had slaved to build and relies on for means of sustenance cannot be sustained in any just society under the guise of adherence to any technical rule. Equity demands that wherever and whenever there is controversy on when or how notice of forfeiture or notice to quit is disputed by the parties, or even where there is irregularity in giving notice to quit, the filing of an action by the landlord to of the property has to be sufficient notice on the tenant that he is required to yield up possession. I am not saying here that statutory and proper notice to quit should not be given. Whatever form the periodic tenancy is whether weekly, monthly, quarterly, yearly etc., immediately a writ is filed to regain possession, their regularity of the notice if any is cured. Time to give notice should start to run from the date the writ is served. If for example, a yearly tenant, six months after the writ is served and so on. All the dance drama around the issue of the irregularity of the notice ends.

– Ogunwumiju JSC. Pillars v. William (2021)

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BREACH OF COVENANT IS A MERE GROUND FOR FORFEITURE

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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STATUTORY TENANT & TENANT-AT-WILL

Hence when the initial occupation of premises is lawful, the occupier, even if holding over becomes a protected tenant qua the landlord. This is a status arising from a statute creating the tenancy. The difficulty arises when the contractual tenant who enters into possession lawfully continues at the expiration of the contract and against the wish of the owner of the premises without any contract. This is the situation described as tenant-at-will at common law. Under the 1976 Rent Edict, as soon as the contractual tenancy expires, the tenant, who becomes so by operation of law becomes a statutory tenant. He occupies the property as a tenant, and enjoys the restrictions against recovery imposed by the Edict. He enjoys protection and security of tenure and is at par with the contractual tenant. Although the tenant is protected from eviction except in accordance with the law, he is liable to pay for his occupation and use of the property.

– Karibe-Whyte, JSC. Petroleum v. Owodunni (1991)

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LETTER OF INSTRUCTION TO SOLICITOR GIVES HIM POWER

The law is that any such letter of instruction to the solicitor must be issued before the Notice to Quit is issued by the Solicitor otherwise the solicitor has no authority to act. Any notice to quit or notice of intention to apply to recover possession issued by any such solicitor before the letter of instruction is null and void and of no effect. – Ubaezonu JCA. Coker v. Adetayo (1992)

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STATUTORY TENANT

Pan Asian African Co. Ltd. v. National lnsurance Corp. (Nig.) Ltd. (1982) 9 SC 1 at p.13: “Put simply, the statutory tenant is an occupier, who when his contractual tenancy expires, holds over and continues in possession by virtue of special statutory provisions. He has also been described as “that anomalous legal entity,…who holds the land of another contrary to the will of that other person who strongly desires to turn him out. Such a person will not ordinarily be described as a tenant.”

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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 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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STATEMENT OF CLAIM SUPERCEDES A WRIT OF SUMMONS

Although it is the law that a statement of claim supersedes the writ of summons, parties are not allowed to set up a totally different allegation in their statement of claim without amendment.

– Obaseki, JSC. Ekpan v. Agunu (1986)

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