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TENANCY AT WILL COMMENCES AFTER YEARLY TENANCY IF NO RENEWAL

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Dictum

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)

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TENANT HAS EXCLUSIVE POSSESSION OF LAND GIVEN TO HIM BY A FAMILY

I find myself unable to accept that a tenant given a parcel of land and put in possession by a family to farm has no exclusive possession of the land for the duration of his grant. The idea of giving out farmland in parcels and putting allottees or tenants in possession of their respect parcels is to give them exclusive possession to their respective parcels of land notwithstanding any easement that may be available. Without revocation of the grant, the use to which the land was put by consent, i.e. farming, cannot be disturbed without attracting liability in damages for trespass. The action filed by the plaintiffs/respondents by itself is eloquent testimony to the fact that no one is allowed to disturb the possession of land given to the tenant by the family. Also if a tenant’s possession is disturbed, our 1963 Constitution and the Constitution of the Federal Republic of Nigeria 1979 as the laws of the land give him a right to sue for redress.

– Obaseki, JSC. Ekpan v. Agunu (1986)

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THREE MAIN TYPES OF TENANCY

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)

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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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LANDLORD CAN BE LIABLE IN TRESPASS TO A TENANT OR LICENSEE

Trespass, of course, is a wrong against possession of land. It is not in dispute that by virtue of his employment the plaintiff was let into possession of the premises situate at 4 Benue Road in the defendant Company’s estate at Ogunu and was paying rent to the Company. Under the contract by which he held the premises he was to quit the premises within one month of his ceasing to remain in the employ of the Company. When plaintiff’s employment was terminated on 18th August 1981, he was given notice by the Company to quit the premises by 18th September 1981. If he remained in possession after that date, he would become a trespasser. But this fact did not give the defendant company right to forcibly evict him. If it did so, it would be liable to the plaintiff in trespass. It is immaterial, in my respectful view, that he was a tenant or a licensee.

– Ogundare, JSC. Chukwumah v. SPDC (1993)

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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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CUSTOMARY TENANT AND LAND USE ACT

It was the appellants’ contention that the claims of the parties were based on the Land Use Act. 1975. That was not disputed as the suit was filed in the trial High Court in 1981. On that date the Land Use Act had become applicable to all land in Imo State of Nigeria and by virtue of section 1 of the Act, same has been vested in the Governor of that State on that date. This provision takes away the freehold title vested in individuals or communities but not the customary right of use and control of the land. Section 36(1) does not enlarge the right of a customary tenant to any piece of land in non-urban area which was, at the commencement of the Act in his possession and occupation. A customary tenant remains so and is subject to the conditions attached to the customary tenancy.

— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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