Tenancy and landlord-tenant relationships are recurring issues in Nigerian property law, often leading to disputes over possession, eviction, and the rights of the parties involved. The Court of Appeal has laid down clear principles that govern the categories of tenancies, the procedure for recovery of premises, and the illegality of self-help in resolving such disputes. Below is a summary of key legal principles from recent Nigerian cases.
Categories of Tenancy under Nigerian Law
In SPDC v. Wobe (2021) LPELR-56486(CA), the Court of Appeal explained the categories of tenancy recognized in law:
1. Contractual Tenancy: Arises from an agreement—written or oral—between the landlord and tenant.
2. Statutory Tenancy: Created by statute, protecting the tenant regardless of the landlord’s will.
3. Tenancy at Sufferance or at Will: Occurs when a tenant lawfully enters the premises but remains in possession after the lawful right has expired, without the landlord’s consent.
The court emphasized that each category has its own legal implications and remedies.
Notice of Termination of Tenancy
In Hadejia v. Ladan & Ors (2018) LPELR-45638(CA), the court clarified that a tenant who does not acknowledge the landlord’s title or the existence of a tenancy is not entitled to statutory notices under the Recovery of Premises Law.
Also, where occupation is based on a license or gratuitous permission, such as in employment-related housing, the occupant may be treated as a licensee, and no notice is required to revoke such license once the employment ends.
End of Tenancy and Reversion of Property
In Messrs Dee’s Dynasty (Nig) Ltd v. Ola (2010) LPELR-9024(CA), the court held that upon the termination of a tenancy, the property automatically reverts to the landlord without further evidence of reversion being required.
Illegality of Self-Help
Several cases underscore the illegality of self-help, even when a tenant has overstayed their tenancy:
Chicason Group of Companies Ltd & Ors v. Oteri (2021) LPELR-52804(CA) — The court strongly condemned landlords taking possession through force or intimidation, even with police assistance. Due process through the court must be followed.
Tsegba & Anor v. Registered Trustees of Mission House & Anor (2018) LPELR-44242(CA) — The court ruled that recovery of premises must be through court proceedings, and any resort to self-help is unlawful. A tenant at sufferance holds possession only at the landlord’s tolerance and can be ejected lawfully through the courts.
Mancha & Ors v. Emukowate (2017) LPELR-43113(CA) — Even landlords with valid title may be liable in trespass if they take back possession without a court order.
These decisions reinforce the rule of law and prohibit landlords from using force, intimidation, or unilateral action to recover property.
Key Takeaways
✅ Tenancy can be contractual, statutory, or at sufferance.
✅ Only lawful procedures (via court orders) can terminate a tenant’s possession.
✅ Self-help or forceful eviction is illegal, even if the tenant is a trespasser.
✅ Employees occupying official quarters are usually licensees, and their right ends upon retirement or termination of employment.
Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. For advice on specific tenancy or property disputes, please consult a qualified legal practitioner.
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