AGAINST claims that the Federal Government has sold the historic Tafawa Balewa Square, located in Lagos Island, the Lagos State governor, Mr. Babatunda Fashola has refuted such claims, while describing it as spurious.
The governor, who made the clarification at the City Hall, Lagos, venue of the Public presentation a historic book on Lagos, ‘Possession- A History of Law and Justice In The Crown Colony of Lagos; 1861 – 1906’, authored by former Attorney-General and Commissioner for Justice of the State, Mr. Olasupo Shasore (SAN), said because of ignorance of the history of Lagos, most people make spurious assumptions and statements that offend the sensibility of Lagosians such as the one by the Federal Government saying it has sold the Tafawa Balewa Square.
Describing those, who say they have sold the Tafawa Balewa Square as wallowing in absolute ignorance, Fashola declared that the Square “can never be sold”, pointing out that the place used to be part of the land that belonged to the King of Lagos, who was a ‘Sovereign’ before the conquest and possession of Lagos by the British.
“It became a Crown Land administered by the British Crown and at the end of the Colonial Era, it passed on to the Federal Republic of Nigeria and when Lagos was created as one of the first 12 states of the country in 1967, it became State Land and all of the lands the Federal Republic of Nigeria inherited from the Government of the United Kingdom were handed over to each of the states in which those lands were and Tafawa Balewa Square then metamorphosed from Race Course to Tafawa Balewa Square,” he said.
Fashola maintained that the only legislation that presently exists is the Tafawa Balewa Square Management Act by which the Federal Government was given managerial power as caretaker or agent and not owner of the Tafawa Balewa Square.
He added that the dearth of records as well as lack of documentation of historical events in the country have impacted negatively on upcoming generations who know little or nothing of their origin or learn of historical events in their country from foreign institutions.
The governor praised Mr. Shasore for the painstaking devotion with which he wrote the book saying, “unlike many history books where only the very subjective accounts of the historian is what we have to deal with, Supo has tried, perhaps inescapably, to remain a lawyer, supporting every position he has taken in the book by facts, evidence, documents and judicially certified documents”.
According to Fashola, one of the most important facts the book has established is the sovereignty of Lagos before the coming of the British and the subsequent possession and conquest of Lagos adding that although more races including African, Asians and Arabs now occupy the streets of London than the Englishman, there were original Londoners before those people came.
He said what has happened in London has also happened in Lagos where some hitherto rural villages have become a highly urbanized, commercial and multi-ethnic centre, adding, “Nothing is wrong with that because, perhaps, in another 500 years this place will not be like this”.
On how Lagos has grown into a mega-city of multi-ethnic and highly urbanized and commercial centre, Fashola said it started in the 1970s when Nigerians from many ethnic groups were streaming to Lagos to see such landmark development and infrastructure like the National Theatre, the National Stadium, Eko Bridge and others adding that as people came, they began to settle and buy property and acquire Rights of Residency.
The governor described the recent Centenary celebration by the federal Government as “a great disservice to the spirit of nationalism, the sacrifice and the labour of men like Chief Obafemi Awolowo, Dr. Nnamdi Azikiwe, Ernest Ikoli, Hubert Macaulay and all of those who said it was enough”, adding, “I think those who celebrated that centenary do our people a great injustice”.
#THE GUARDIAN
D&N
Sunday 19 October 2014
Saturday 18 October 2014
Divorce in Heaven Joke
On their way to get married, a young Catholic couple was involved in a fatal car accident. The couple found themselves sitting outside the Pearly Gates waiting for St. Peter to process them into Heaven. While waiting they began to wonder; Could they possibly get married in Heaven?
When St. Peter arrived they asked him if they could get married in heaven. St. Peter said, "I don't know. This is the first time anyone has asked. Let me go find out," and he left.
The couple sat and waited for an answer... for a couple of months. While they waited, they discussed the pros and cons. If they were allowed to get married in Heaven, should they get married, what with the eternal aspect of it all? "What if it doesn't work? Are we stuck in Heaven together forever?"
Another month passed. St. Peter finally returned, looking somewhat bedraggled. "Yes," he informed the couple, "You can get married in Heaven."
"Great!" said the couple "But we were just wondering; what if things don't work out? Could we also get a divorce in Heaven?"
St. Peter, red-faced with anger, slammed his clipboard on the ground. "What's wrong?" asked the frightened couple.
"OH, COME ON!!!" St. Peter shouted. "It took me 3 months to find a priest up here! Do you have ANY idea how long it'll take to find a lawyer???"
LIFE'S CHALLENGES - YOUR OPPORTUNITIES - By John Hague
Richard Akinnola II posted this as an excerpt from the book LIFE'S CHALLENGES - YOUR OPPORTUNITIES by John Hagee,
"A small-town prosecuting attorney called his first witness to the stand. Mrs Ogden, a grand motherly white - haired woman, sat patiently as the young attorney approached her and asked, "Mrs Ogden, do you know me?"
His witness confidently responded, "Of course l know you, Mr Thompson. I have known you since you were a little boy, and quite frankly, you have been a great disappointment to me. You lie at every opportunity, you are disloyal to your wife, you are controlling, and you speak badly of your friends behind their backs. You think you are a bigwig when you haven't the brains to realise that you will never amount to anything more than an insignificant paper - pusher. Yes, l certainly do know you, Mr Thompson."
The lawyer was both stunned and embarrassed. Not knowing what to do next, he quickly turned and pointed to the defence attorney, who sat wide - eyed in his chair. The prosecutor asked his second question:"Mrs Ogden, do you know Mr Stevens?"
Once again, she assertively replied, 'Why, yes l do. I have know Mr Stevens since he was a small boy as well. I know him to be lazy, bigoted, a man with severe drinking problem. He has the worst law practice in the state and has also cheated on his wife with three different women, one of them being your wife. Yes, l know Mr Stevens quite well indeed".
The defence attorney nearly fainted.
The judge summoned both lawyers to his bench and sternly whispered this harsh warning:"If either one of you imbeciles asks Mrs Ogden if she knows me, l will send both of you to prison for life!"
Friday 17 October 2014
RECOVERY OF PREMISES: AN ASSESSMENT OF LANDLORD/TENANT LAW IN NIGERIA
Tenancy at will or weekly tenancy – a week’s notice
Monthly tenancy- a month’s notice
Quarterly tenancy- a quarter’s notice
Yearly tenancy- half a year’s notice.
Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demand for rents.
The notice to quit must be issued by the landlord himself or by an authorized agent or Solicitor. Such agent or Solicitor must be authorized in writing. The following may be regarded as essentials of a valid notice to qTenancy at will or weekly tenancy – a week’s notice
Monthly tenancy- a month’s notice
Quarterly tenancy- a quarter’s notice
Yearly tenancy- half a year’s notice.
Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demand for rents.
The notice to quit must be issued by the landlord himself or by an authorized agent or Solicitor. Such agent or Solicitor must be authorized in writing. The following may be regarded as essentials of a valid notice to quit:
The name of the landlord or his agent
The name of the tenant
The nature of the tenancy.
The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month and if it is a yearly tenancy, it must be six calendar months and no less.
Notice of owner’s Intention to Recover Possession
This notice is also known as 7 days notice. On the expiration of the notice to quit or the determination of the interest of the tenant, if the tenant or any person actually in possession of the premises or any part thereof neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord or his agent may cause the written notice of the owner’s intention to proceed to recover possession to be served on the tenant. The date must not be less than 7 days- Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003. In calculating the 7 days, it must be 7 clear days; the day of service must be excluded but the day of expiry must be included. Take note that the notice of intention cannot be issued and served before the expiry of the notice to quit or effluxion of time. Hence, the reference to the landlord as owner underscores the determination of the tenancy and the cessation of a landlord-tenant relationship.
Writ or Plaint against Tenant or Person Refusing to Deliver up Possession
On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up possession- Section 16(1) of Rent Control Law of Lagos and S. 10 Recovery of Premises Act, Abuja.
The court or tribunal to which the landlord may apply for the writ is one that has jurisdiction in the district or division where the premises is lying and situated. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as tribunals.
Facts that must be stated in the Writ or Plaint:
The fact that the Plaintiff is entitled to possession of the premises in question.
Short but accurate description of the premises including address of same.
The nature of tenancy and the rent payable, if any.
The date of expiration or determination of the tenancy, if by notice.
The fact of service of a notice of intention to apply to recover possession, the date and mode of such service. The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint.
The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
The claim may comprise of possession, arrears of rents and mesne profits. Arrears of rents are those rents owed by the tenant prior to the determination of the tenancy while mesne profits are monies payable for use and occupation of premises as a result of holding over by the tenant after due determination of the term of tenancy. The amount payable as mesne profits is governed either by the rate paid as rent or by the actual market value of the premises.
Service of Processes
Service of any notice and other processes under the Rent Control and Recovery of Residential Premises Law is to be effected in accordance with the Rules operating in the Magistrate Court. That is; personal service but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. However, it is advisable to seek leave of court when the writ is to be served through substituted means.
It is worthy to note that where a tenant carried out improvements on the premises and such improvements have not been exhausted before the landlord terminates the term of the tenancy, he is entitled to counter claim for the unexpired value of such improvements. However, such improvements must be done with consent in writing of the landlord.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed; otherwise the whole exercise will be a nullity. The period of notice given usually depends on the agreement between the parties, but in the absence of any agreement, the period of notice will be determined by statutehe name of the landlord or his agent
The name of the tenant
The nature of the tenancy.
The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month and if it is a yearly tenancy, it must be six calendar months and no less.
Notice of owner’s Intention to Recover Possession
This notice is also known as 7 days notice. On the expiration of the notice to quit or the determination of the interest of the tenant, if the tenant or any person actually in possession of the premises or any part thereof neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord or his agent may cause the written notice of the owner’s intention to proceed to recover possession to be served on the tenant. The date must not be less than 7 days- Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003. In calculating the 7 days, it must be 7 clear days; the day of service must be excluded but the day of expiry must be included. Take note that the notice of intention cannot be issued and served before the expiry of the notice to quit or effluxion of time. Hence, the reference to the landlord as owner underscores the determination of the tenancy and the cessation of a landlord-tenant relationship.
Writ or Plaint against Tenant or Person Refusing to Deliver up Possession
On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up possession- Section 16(1) of Rent Control Law of Lagos and S. 10 Recovery of Premises Act, Abuja.
The court or tribunal to which the landlord may apply for the writ is one that has jurisdiction in the district or division where the premises is lying and situated. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as tribunals.
Facts that must be stated in the Writ or Plaint:
The fact that the Plaintiff is entitled to possession of the premises in question.
Short but accurate description of the premises including address of same.
The nature of tenancy and the rent payable, if any.
The date of expiration or determination of the tenancy, if by notice.
The fact of service of a notice of intention to apply to recover possession, the date and mode of such service. The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint.
The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
The claim may comprise of possession, arrears of rents and mesne profits. Arrears of rents are those rents owed by the tenant prior to the determination of the tenancy while mesne profits are monies payable for use and occupation of premises as a result of holding over by the tenant after due determination of the term of tenancy. The amount payable as mesne profits is governed either by the rate paid as rent or by the actual market value of the premises.
Service of Processes
Service of any notice and other processes under the Rent Control and Recovery of Residential Premises Law is to be effected in accordance with the Rules operating in the Magistrate Court. That is; personal service but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. However, it is advisable to seek leave of court when the writ is to be served through substituted means.
It is worthy to note that where a tenant carried out improvements on the premises and such improvements have not been exhausted before the landlord terminates the term of the tenancy, he is entitled to counter claim for the unexpired value of such improvements. However, such improvements must be done with consent in writing of the landlord.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed; otherwise the whole exercise will be a nullity. The period of notice given usually depends on the agreement between the parties, but in the absence of any agreement, the period of notice will be determined by statuteEvery day with the increase in population, there is a concurrent need for houses to accommodate this rising population. As a result, there has always been the need for individuals, corporations and governments to build and lease or rent houses to fill this void. These houses could either be for residential or commercial purposes. This has brought the need to regulate the relationship between landlords and tenants so as to avoid arbitrary increments in rents, wrongful eviction and illegal holding over of premises. The procedure for recovery of premises is largely regulated by statutes. Accordingly, a landlord who seeks to recover his premises from a tenant must strictly comply with the provisions of these statutes. In other words, the slightest deviation from the requirements of the law will frustrate an attempt to recover possession of premises no matter how troublesome and terrible such a tenant may be.
Every State in Nigeria now has its own law on recovery of premises. Some of these laws include:
Recovery of Premises Act. Cap 544 Laws of the Federation of Nigeria (Abuja) 1990
Rent Control & Recovery of Residential Premises Law, Vol. 7, Laws of Lagos State, 2003
Lagos Tenancy Law, 2011
Section 2, Recovery of Premises Act Cap 544 Laws of the Federation of Nigeria (Abuja) 1990 states that a landlord is a person entitled to immediate reversion of the premises and includes the attorney or agent of any such landlord or any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive same. This section further states that a tenant includes any person occupying premises, whether on payment of rent or otherwise, but does not include a person occupying premises under a bona fide claim to be the owner of the premises. The Rent Control and Recovery of Residential Premises Law, Vol. 7, Laws of Lagos State of Nigeria 2003 expressly include a sub-tenant and service tenants (homes occupied by virtue of employment) for the purpose of recovery of premises.
The Recovery of Premises Laws have been enacted in various States principally to provide for procedures a landlord must adopt to recover possession. Such procedures are primarily to protect the interest of the tenant against that of the landlord. Coussey, J.C.A. observed in the case of Okedare v. Hamid (1955) 15 WACA 17 at 19, that:
The main object of the Recovery of Premises Law was to place limitations on the common law rights of a landlord with the object of regulating the recovery of and restraining summary eviction from occupied premises.
At common law, the landlord on the effluxion of time or expiration of a valid notice to quit, may proceed to court for possession. However, the Recovery of Premises Laws requires an additional 7 days notice of owner’s intention to apply to court to recover possession to be given to the tenant. The landlord can only take out a writ after the expiration of the 7 days. The tenant therefore becomes a statutory tenant and cannot be evicted by force, but by a lawful court order.
For unlawful eviction, the landlord can be sued and made liable for damages. In Ihenacho .v. Uzochukwu (1997) 1 SCNJ 117 at 284, the Supreme Court of Nigeria held that resort to self-help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass. But at common law, the tenant does not have that right; he is treated as a tenant at sufferance or a trespasser.
Procedure for Recovery of Premises
Before the procedure laid down in the Recovery of Premises Laws can be invoked, two factual conditions must be satisfied:
I. There must be in existence some “premises” as defined by law. Section 36 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003 defines premises to include, “a house or building or any part thereof together with its gardens or other appurtenances”
II. The landlord-tenant relationship must be established. However, in Ihenacho’s case, it was held that the landlord must still comply with the procedure laid down in the law even if there is no landlord-tenant relationship; provided the person sought to be evicted is in lawful occupation.
Notice to Quit
A landlord seeking to recover possession of his premises before the expiration of the tenancy (effluxion of time) is obliged to issue a notice to quit. The notice stipulates a period within which the tenant must quit possession of the premises. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by statute. For instance, Section 8 of Recovery of Premises Act, Cap 544, LFN (Abuja) 1990, provides that in the absence of express agreement to the contrary, the period of notice to be given by either party
SOURCE: The Lawyers Chronicle
Monthly tenancy- a month’s notice
Quarterly tenancy- a quarter’s notice
Yearly tenancy- half a year’s notice.
Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demand for rents.
The notice to quit must be issued by the landlord himself or by an authorized agent or Solicitor. Such agent or Solicitor must be authorized in writing. The following may be regarded as essentials of a valid notice to qTenancy at will or weekly tenancy – a week’s notice
Monthly tenancy- a month’s notice
Quarterly tenancy- a quarter’s notice
Yearly tenancy- half a year’s notice.
Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demand for rents.
The notice to quit must be issued by the landlord himself or by an authorized agent or Solicitor. Such agent or Solicitor must be authorized in writing. The following may be regarded as essentials of a valid notice to quit:
The name of the landlord or his agent
The name of the tenant
The nature of the tenancy.
The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month and if it is a yearly tenancy, it must be six calendar months and no less.
Notice of owner’s Intention to Recover Possession
This notice is also known as 7 days notice. On the expiration of the notice to quit or the determination of the interest of the tenant, if the tenant or any person actually in possession of the premises or any part thereof neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord or his agent may cause the written notice of the owner’s intention to proceed to recover possession to be served on the tenant. The date must not be less than 7 days- Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003. In calculating the 7 days, it must be 7 clear days; the day of service must be excluded but the day of expiry must be included. Take note that the notice of intention cannot be issued and served before the expiry of the notice to quit or effluxion of time. Hence, the reference to the landlord as owner underscores the determination of the tenancy and the cessation of a landlord-tenant relationship.
Writ or Plaint against Tenant or Person Refusing to Deliver up Possession
On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up possession- Section 16(1) of Rent Control Law of Lagos and S. 10 Recovery of Premises Act, Abuja.
The court or tribunal to which the landlord may apply for the writ is one that has jurisdiction in the district or division where the premises is lying and situated. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as tribunals.
Facts that must be stated in the Writ or Plaint:
The fact that the Plaintiff is entitled to possession of the premises in question.
Short but accurate description of the premises including address of same.
The nature of tenancy and the rent payable, if any.
The date of expiration or determination of the tenancy, if by notice.
The fact of service of a notice of intention to apply to recover possession, the date and mode of such service. The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint.
The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
The claim may comprise of possession, arrears of rents and mesne profits. Arrears of rents are those rents owed by the tenant prior to the determination of the tenancy while mesne profits are monies payable for use and occupation of premises as a result of holding over by the tenant after due determination of the term of tenancy. The amount payable as mesne profits is governed either by the rate paid as rent or by the actual market value of the premises.
Service of Processes
Service of any notice and other processes under the Rent Control and Recovery of Residential Premises Law is to be effected in accordance with the Rules operating in the Magistrate Court. That is; personal service but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. However, it is advisable to seek leave of court when the writ is to be served through substituted means.
It is worthy to note that where a tenant carried out improvements on the premises and such improvements have not been exhausted before the landlord terminates the term of the tenancy, he is entitled to counter claim for the unexpired value of such improvements. However, such improvements must be done with consent in writing of the landlord.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed; otherwise the whole exercise will be a nullity. The period of notice given usually depends on the agreement between the parties, but in the absence of any agreement, the period of notice will be determined by statutehe name of the landlord or his agent
The name of the tenant
The nature of the tenancy.
The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month and if it is a yearly tenancy, it must be six calendar months and no less.
Notice of owner’s Intention to Recover Possession
This notice is also known as 7 days notice. On the expiration of the notice to quit or the determination of the interest of the tenant, if the tenant or any person actually in possession of the premises or any part thereof neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord or his agent may cause the written notice of the owner’s intention to proceed to recover possession to be served on the tenant. The date must not be less than 7 days- Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003. In calculating the 7 days, it must be 7 clear days; the day of service must be excluded but the day of expiry must be included. Take note that the notice of intention cannot be issued and served before the expiry of the notice to quit or effluxion of time. Hence, the reference to the landlord as owner underscores the determination of the tenancy and the cessation of a landlord-tenant relationship.
Writ or Plaint against Tenant or Person Refusing to Deliver up Possession
On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up possession- Section 16(1) of Rent Control Law of Lagos and S. 10 Recovery of Premises Act, Abuja.
The court or tribunal to which the landlord may apply for the writ is one that has jurisdiction in the district or division where the premises is lying and situated. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as tribunals.
Facts that must be stated in the Writ or Plaint:
The fact that the Plaintiff is entitled to possession of the premises in question.
Short but accurate description of the premises including address of same.
The nature of tenancy and the rent payable, if any.
The date of expiration or determination of the tenancy, if by notice.
The fact of service of a notice of intention to apply to recover possession, the date and mode of such service. The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint.
The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
The claim may comprise of possession, arrears of rents and mesne profits. Arrears of rents are those rents owed by the tenant prior to the determination of the tenancy while mesne profits are monies payable for use and occupation of premises as a result of holding over by the tenant after due determination of the term of tenancy. The amount payable as mesne profits is governed either by the rate paid as rent or by the actual market value of the premises.
Service of Processes
Service of any notice and other processes under the Rent Control and Recovery of Residential Premises Law is to be effected in accordance with the Rules operating in the Magistrate Court. That is; personal service but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. However, it is advisable to seek leave of court when the writ is to be served through substituted means.
It is worthy to note that where a tenant carried out improvements on the premises and such improvements have not been exhausted before the landlord terminates the term of the tenancy, he is entitled to counter claim for the unexpired value of such improvements. However, such improvements must be done with consent in writing of the landlord.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed; otherwise the whole exercise will be a nullity. The period of notice given usually depends on the agreement between the parties, but in the absence of any agreement, the period of notice will be determined by statuteEvery day with the increase in population, there is a concurrent need for houses to accommodate this rising population. As a result, there has always been the need for individuals, corporations and governments to build and lease or rent houses to fill this void. These houses could either be for residential or commercial purposes. This has brought the need to regulate the relationship between landlords and tenants so as to avoid arbitrary increments in rents, wrongful eviction and illegal holding over of premises. The procedure for recovery of premises is largely regulated by statutes. Accordingly, a landlord who seeks to recover his premises from a tenant must strictly comply with the provisions of these statutes. In other words, the slightest deviation from the requirements of the law will frustrate an attempt to recover possession of premises no matter how troublesome and terrible such a tenant may be.
Every State in Nigeria now has its own law on recovery of premises. Some of these laws include:
Recovery of Premises Act. Cap 544 Laws of the Federation of Nigeria (Abuja) 1990
Rent Control & Recovery of Residential Premises Law, Vol. 7, Laws of Lagos State, 2003
Lagos Tenancy Law, 2011
Section 2, Recovery of Premises Act Cap 544 Laws of the Federation of Nigeria (Abuja) 1990 states that a landlord is a person entitled to immediate reversion of the premises and includes the attorney or agent of any such landlord or any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive same. This section further states that a tenant includes any person occupying premises, whether on payment of rent or otherwise, but does not include a person occupying premises under a bona fide claim to be the owner of the premises. The Rent Control and Recovery of Residential Premises Law, Vol. 7, Laws of Lagos State of Nigeria 2003 expressly include a sub-tenant and service tenants (homes occupied by virtue of employment) for the purpose of recovery of premises.
The Recovery of Premises Laws have been enacted in various States principally to provide for procedures a landlord must adopt to recover possession. Such procedures are primarily to protect the interest of the tenant against that of the landlord. Coussey, J.C.A. observed in the case of Okedare v. Hamid (1955) 15 WACA 17 at 19, that:
The main object of the Recovery of Premises Law was to place limitations on the common law rights of a landlord with the object of regulating the recovery of and restraining summary eviction from occupied premises.
At common law, the landlord on the effluxion of time or expiration of a valid notice to quit, may proceed to court for possession. However, the Recovery of Premises Laws requires an additional 7 days notice of owner’s intention to apply to court to recover possession to be given to the tenant. The landlord can only take out a writ after the expiration of the 7 days. The tenant therefore becomes a statutory tenant and cannot be evicted by force, but by a lawful court order.
For unlawful eviction, the landlord can be sued and made liable for damages. In Ihenacho .v. Uzochukwu (1997) 1 SCNJ 117 at 284, the Supreme Court of Nigeria held that resort to self-help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass. But at common law, the tenant does not have that right; he is treated as a tenant at sufferance or a trespasser.
Procedure for Recovery of Premises
Before the procedure laid down in the Recovery of Premises Laws can be invoked, two factual conditions must be satisfied:
I. There must be in existence some “premises” as defined by law. Section 36 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003 defines premises to include, “a house or building or any part thereof together with its gardens or other appurtenances”
II. The landlord-tenant relationship must be established. However, in Ihenacho’s case, it was held that the landlord must still comply with the procedure laid down in the law even if there is no landlord-tenant relationship; provided the person sought to be evicted is in lawful occupation.
Notice to Quit
A landlord seeking to recover possession of his premises before the expiration of the tenancy (effluxion of time) is obliged to issue a notice to quit. The notice stipulates a period within which the tenant must quit possession of the premises. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by statute. For instance, Section 8 of Recovery of Premises Act, Cap 544, LFN (Abuja) 1990, provides that in the absence of express agreement to the contrary, the period of notice to be given by either party
SOURCE: The Lawyers Chronicle
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