RECOVERY OF PREMISES
RECOVERY OF POSSESSION OF PREMISES
The law has over the years seen the need to regulate the relationship between landlords and tenants so as to avoid arbitrary increments in rents, wrongful eviction/unlawful ejection of tenants by landlords as well as premises by illegal holding over by tenants and hence made provisions for the recovery of premises.
The procedure for recovery of premises is regulated by statute. Thus a landlord for example, who seeks to recover his premises from his tenant must comply very strictly with the provisions of the statutes. There are various legislations governing recovery of possession of premises in the various States of the Federation which are similar except for minor variations.
In Lagos State, the following laws govern recovery of premises–
- Lagos State Tenancy Law 2011
- Rent Control and Recovery of Residential Premises Edict No. 6, 1997 of Lagos State;
- Recovery of Premises Law, Cap. 118, Laws of Lagos State 1973; and
- Magistrate Court Law, Laws of Lagos State 2009.
- Recovery of Premises Act, Cap. 544 LFN 1990.
One fundamental point to note about the Lagos State tenancy Law 2011 is that it is not of general application throughout Lagos State. By Section 1(2) of the Law, the Law does not apply to
- Residential premises owned/operated by educational institutions
- Residential premises provided for emergency shelters
- Residential premises in a care or hospital facility or public or private hospital or mental facility
- Premises made available in the course of providing rehabilitative or therapeutic treatment.
- Apapa
- Ikeja GRA
- Ikoyi
- Victoria Island
As earlier highlighted, the main aim of the laws above is to govern the relationship between landlord and tenant; and specifically–
- To prevent arbitrary increment of rents;
- To prevent unlawful ejection of tenants; and
- To prevent illegal holding over by tenants.
COURTS WITH JURISDICTION ON RECOVERY MATTERS
Generally, Magistrate Courts (District Courts in the North) and High Courts have jurisdiction to entertain recovery of premises cases. Customary Courts do not have jurisdiction in this regard. Section 2 of Recovery of Premises Act, Abuja; Akpan v. Julius Berger Plc (2002) 52 WRN 50.
In Lagos, under the old position, the determinants of jurisdiction of Magistrate Courts were the financial jurisdiction limit of the Court (N250,000) and the question of whether the premises in question was a residential or non-residential premises. Under Section 7 Rent Control and Recovery of Residential Premises Edict, 1997 and Section 1 of the Rent Control and Recovery of Residential Premises Law, Cap. R6, Laws of Lagos State, 2004 It was the Rent Tribunal and not Magistrate Courts that had jurisdiction in recovery of residential premises where the rental value exceeded N250,000. Also, where it is a residential or non-residential premises and the rental value exceeds N250,000 but not N1,000,000, then the Magistrate Court had jurisdiction. Where it is residential or non-residential premises with the rental value exceeding N1,000,000, the High Court of the State that has jurisdiction and where there is a claim for arrears of rent or mesne profit that exceeds the monetary jurisdiction of the Tribunal or Magistrate Court, then the matter must be heard in the State High Court – Section 7 of the Rent C0pontrol and Recovery of Residential Premises Law, Lagos.
But by virtue of Section 28 (1)(b) of the Magistrate Court Law 2009, Magistrate Courts now have jurisdiction in all actions for possession whether for residential or non-residential premises, subject of course to the financial jurisdiction limit of the Magistrate Court which is now N10,000,000 under Section 28 (1)(b) of the Magistrate Court Law 2009.
Thus the underlying factor that determines which Court to institute an action for the recovery of premises is the annual rental value of the premises involved and therefore no longer whether it is residential or non-residential premises.
Under Section 2(4) of the Tenancy Law 2011 that provides for the jurisdiction of Magistrate and High Courts, proceedings shall be brought under the Law at the High Court where the annual rental value of the premises exceeds the jurisdiction of the Magistrate Court.
Note: By the proviso appearing after Section 28 (1)(b) of the Magistrate Court Law 2009, the Magistrate Court has jurisdiction notwithstanding that the accrued rent or mesne profit exceeds N10,000,000.
It should always be noted that, notwithstanding the annual rental value of the property, the High Court also have jurisdiction by virtue of Section 272 of the 1999 Constitution which makes the High Court a Court of general jurisdiction. But it is preferable to resort to the summary proceedings of the Magistrate Court where the annual rental value does not exceed the monetary jurisdiction of the Magistrate Court.
In Abuja, the Courts with jurisdiction over recovery of premises are the Magistrate Courts (but called District Courts since there are sitting in Civil capacity) and High Courts. Section 2 of Recovery of Premises Act. Again, the financial jurisdiction limit of the District Court under the District Court Act, Abuja remains N250,000.00
Conclusively on this matter, the venue for the commencement of action for the recovery of premises are thus the Magistrate Court (Referred to as District Courts when sitting in civil capacity in the North); or the High Court depending on the annual rental value of the premises.
PROCEDURE FOR RECOVERY OF POSSESSION OF PREMISES
It has been stated earlier, that the procedure for recovery of premises is regulated by statute and so a landlord who seeks to recover his premises from his tenant must comply very strictly with the provisions of the statutes otherwise, he risks rendering himself susceptible to a trespass action as was the case in Ihenacho v. Uzochukwu (supra).
The major steps for the recovery of premises include:
- Service of statutory notice to quit by the landlord or his agent or solicitor;
- Service of owner’s intention to recover possession (seven days notice);
- Commencement of action in a court of competent jurisdiction, to be followed by the hearing of the action and possibly judgment/order for possession.
One preliminary point to dispense with is that in the case of a Landlord seeking to serve the notice (whether the notice to quit or the notice of intention to recover possession) through his agent or solicitor, he must authorize such agent or solicitor in writing. This was the holding of the Court of Appeal in Coker v Adetayo (1992) 6 NWLR (pt 249) 612. See also Ayiwoh v Akorede (1951) 20 NLR 4. Although there have been contrary decisions e.g. Olusi v Solana (1956) LLR 18; Labadebi v James (1962) 2 ALL NLR 31; Nianda v Alake (1972) NRNLR 23 which all held that the requirement for written authorization only relate to notice of intention to recover possession.
From the above, it can be inferred that there are two notices that are required to be served on the tenant before an action for recovery of premises can be validly commenced – Section 7 of the Recovery of Premises Act, Abuja; Section 13 of the Tenancy Law of Lagos State 2011.
The notices are namely: notice to quit and notice of owner’s intention to apply to recover possession.
NOTICE TO QUIT
This is the most important notice in the process of recovery of premises. A landlord seeking to recover possession of his premises is obliged to issue a notice to quit except the tenancy had already been determined that is, by effluxion of time – Section 13 of the Rent Control and Recovery of Residential Premises Edict, Lagos; Section 7 of the Recovery of Premises law, Lagos; Section 7 of the Recovery of Premises Act, Abuja; Tinuola v. Okon (1966) 2 All NLR 188; Nweke v. Ibe (1974) 4 ECSLR 54.
Where there is any defect in its issue, content or service, it will vitiate the whole proceedings.
Under the Recovery of Premises Act and Laws, A notice to quit is to be issued in FORM B, C, or D as follows:
Form B – Notice to quit issued by the landlord.
Form C – Notice to quit issued by the agent or solicitor of the landlord.
Form D – Notice to quit issued by the landlord to quit lodgings.
But under the Tenancy Law 2011, the forms have been renumbered as follows:
Form TL2 – Notice to quit issued by the landlord.
Form TL3– Notice to quit issued by the agent or solicitor of the landlord.
The period of notice given will usually depend on the agreement between the parties – African Petroleum Ltd. v. Owodunmi (1991) 8 NWLR (Pt. 210) 391. But under the various Recovery of Premises Laws – Section 8 Recovery of Premises Act, Abuja; Section 8 Recovery of Premises Law, Lagos; Section 14(1) Rent Control and Recovery of Residential Premises Edict, Lagos and Section 13 of the Tenancy Law 2011– where there is absence of express agreement, the period of notice shall be as follows:
- Tenancy at will or weekly tenancy – a week’s notice (7 days).
- Monthly tenancy – a month’s notice (one calendar month).
- Quarterly tenancy – a quarter’s notice (three calendar months).
- Yearly tenancy – half a year’s notice (six calendar months).
Note that under Section 13 (2) & (5) of the Tenancy Law 2011, notice to quit is not required in tenancies that lapse by effluxion of time. Such tenancies are stated to be:
- Monthly tenant who has been in arrears of rent for 6 months;
- Quarterly and Half yearly tenant who has been in arrears of rent for more than one year.
Using the example of a yearly tenancy that commenced on 1st January 2010 and should terminate on the 31st December 2010, by the provision of the Law, the statutory notice to quit must end on the eve of the anniversary of the tenancy.
A notice to quit must contain the following –
- That the tenant should quit and deliver up possession of premises;
- The situation of the premises in terms of the town, district and street numbers.
- The type of tenancy in terms of period like monthly, yearly, etc.
- The date of commencement and expiration of the tenancy.
- The expiry date of the notice to quit.
The following may be regarded as essentials of a valid notice to quit –
- The name of the landlord or his authorised agent – Bashua v. Odunsi (1940) 15 NLR 107.
- The name of the tenant. Even where the premises are occupied by a subtenant or by the tenant’s surrogate, it is still necessary to include the tenant’s name in the notice.
- The nature of the tenancy, that is, whether weekly, monthly, quarterly or yearly.
- The fact that the addressee holds the premises as tenant.
- A brief description of the premises. This requires more than merely stating the address of the premises. The nature of the accommodation itself must be stated.
- The date the tenant should quit and deliver up possession.
NOTICE OF INTENTION TO APPLY TO RECOVER POSSESSION
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 of the written notice as in Form E (Form TL4 & Form TL5 Lagos Tenancy Law 2011) signed by the landlord or his agent of the landlord’s intention to proceed to recover possession on a date not less than seven (7) days from the date of service of the notice – Section 13 of the Rent Control Law, Lagos; Section 7 of the Recovery of Premises Law, Lagos.
What this means is that if the tenant does not vacate the premises of the landlord within the seven days written notice signed and issued to the tenant, the landlord shall proceed to court. Under the seven (7) days notice, the landlord is referred to as the owner because the relationship of landlord and tenant has been terminated at the expiry of the notice to quit – Chiweta v. Amissah (1957) LLR 104.
In calculating the 7 days, it must be 7 clear days, that is, the day of service must be excluded and the day of expiry included. Also, if the notice given by the owner’s intention to recover possession is less than 7 days, the whole proceedings will not be a nullity, but the defendant is expected to waive the irregularity or demand that the proceedings be adjourned until he has seven clear days. Thus, the proceedings will not be invalid so long as the defendant has seven clear days between the service of the notice and the hearing of the action.
SERVICE OF STATUTORY NOTICES
This must be served personally on the tenant or by posting on the premises in conspicuous places in appropriate cases. In Adubiara v. Etti (1962) LLR 104, it was held that the posting of the notice on the premises was not good service unless –
- If the defendant cannot be found;
- If the defendant’s place of dwelling is not known; and
- If admission to the defendant’s place of dwelling cannot be obtained for service – Section 28 of Recovery of Premises Act, Abuja; Section 28 of Rent Control Law, Lagos.
WRIT OR PLAINT COMMENCING AN ACTION FOR RECOVERY OF POSSESSION OF PREMISES
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 neglects or refuses to give up possession of the premises, the landlord or his agent may apply to the appropriate court for the issue of a writ or enter a plaint as in Form F (Form TL 6 (a) & (b) Tenancy Law 2011) against the tenant or such other person neglecting or refusing to give up possession.
The appropriate court is that district or division where the premise is situated – If it is at the Magistrate court, it will be by Plaint and 7 day notice should be attached; if action is to be commenced at the High Court, it will be commenced by writ of summons; and if at the High Court, the tenants are squatters or unknown person, then it would be commenced by originating summons.
The said Form F shall contain facts to the following effect –
- That the Plaintiff is entitled to the possession of the premises which were let by the plaintiff to the defendant;
- Brief but accurate description of the said premises;
- The period of the tenancy and the rent attached;
- The date of the expiration or determination of the tenancy under notice to quit;
- The fact of the notice in writing of the intention of the plaintiff to apply to recover possession of the premises was served on the defendant. A duplicate of this notice in Form E must be attached;
- A description of how the service of this notice in Form E was effected;
- That in-spite of the notice in Form E, the defendant has refused or neglected to deliver up possession of the said premises and still detains the same; and
- Claim for possession, arrears of rent and or mesne
It is not mandatory that the Forms must be complied with to the letter – Adejumo v. Hughes (1989) 5 NWLR (Pt. 120) 146.
PARTICULARS
Particulars of claim should include grounds for seeking recovery of possession of the said premise. The court will grant recovery of possession of premises where the following are proved –
- Arrears for three months.
- Breach of an express covenant.
- If landlord has contracted to sell the premises or to let it out and which would be prejudicial to him if he does not take possession.
- If premises is required for public interest.
- If tenant has committed nuisance.
- If the premises requires substantial repairs. Under this, the court may grant an order for the tenant to come back after repairs.
- The rental value of the premises.
- If the premises is reasonably required by the landlord for the occupation of himself, any son or daughter of his over 18 years, his father or mother, provided that an order or judgment will not be made on grounds 7 and 8, if hardship will be caused by granting it.
COUNTER-CLAIM BY TENANT
Under the Rent Control and Recovery of Residential Premises Law of Lagos, a tenant is entitled to claim compensation for improvements done by him on the premises. If the landlord determines the tenancy before the expiration of same. However, such tenant may have carried out such improvements with the previous consent in writing of the landlord.
A tenant may counterclaim in respect of un-exhausted residue or improvement or for any expense authorised by the landlord in respect of the premises, the subject of the action for recovery of possession.
Upon issuance of the writ, a summons in Form G shall be issued to the defendant. At the trial, the court shall order possession of the premises by the landlord upon proof of the following –
- That the defendant is still neglecting or refusing to deliver up the premises.
- The yearly rent of the premises (rental value).
- The holding (nature of the tenancy).
- The expiration or other determination of the tenancy with the time and manner thereof.
- The title of the landlord, if the title has accrued since the letting of the premises. A person who pays rent cannot deny being that other person’s tenant – Olorunkoje v. Rokosu (1953) 20 NLR 188.
- The service of the summons if the defendant does not appear thereto – section 19 of Recovery of Premises Act, Abuja; section 20 of Rent Control Law, Lagos.
At the trial, the plaintiff is obliged to prove all the steps taken by him as required by law from tendering the letter to the tendering of –
- Form B, C, or D whichever is applicable as notice to quit.
- Form E, notice to tenant of owner’s intention to apply to recover possession.
- Form F, the application to the court for the issuing of a writ or plaint against tenant or any person refusing to deliver up possession. It is not mandatory that Form "E" must be complied with "in toto" – Adejumo Hughes (1989) 5 NWLR. (Pt. 120) 146.
Where the landlord is entitled to possession, the court may issue a warrant of possession notwithstanding the counterclaim is undetermined or unsatisfied – Section 20 of Recovery of Premises Act, Abuja; Section 21 of Rent Control Law, Lagos.
No order for possession shall be made unless the tribunal considers it reasonable to make the order – Section 22 of the Rent Control and Recovery of Residential Premises Edict, Lagos. The tribunal may in any event allow the tenant to look for an alternative accommodation within a period of six (6) months maximum.
The recovery of possession of premises from a tenant in lawful occupation thereof by a landlord can only be obtained by order of court in compliance with the stated procedure otherwise, the landlord may be liable in trespass for forcible ejection of the tenant – Iheanacho v. Uzochukwu (1997) 2 NWLR (Pt. 487) 257.
WHO IS A TENANT
In Abuja, it 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 – Section 2 of the Recovery of Premises Act, Abuja. In Lagos, it expressly includes a sub-tenant for the purpose of recovery of premises and also include service tenants (home being occupied by virtue of employment) as held by the Supreme court in Section 36 of the Rent Control and Recovery of Residential Premises Law, Lagos.
But it has been held severally that a service tenant is a licensee and is therefore not protected by the recovery of premises law. In other words, the requirement for the service of the statutory notice to quit does not apply to them. Chukwuma v. Shell Petroleum Co. (Nig.) Ltd. (1993) 5 SCNJ 1; FCDA v. Emeka Nwanna (1998) 4 NWLR (Pt. 544) 73. But in the earlier cases of Sule v. Nigerian Cotton Board (1985) 2 NWLR (Pt. 5) 17; and Oduye v. Nigerian Airways (1987) 2 NWLR (Pt. 55) 126 it was held that servant tenants are tenants and require service of statutory notice to quit.
However, two tenants holding the premises under separate tenancy agreements should not be joined in the same suit. It is misjoinder as both constitute separate causes of action – Ossai v. Wakwah (2006) 4 NWLR (Pt. 969) 208.
In a situation where a land owner grants the use of land or premises to another while he (the owner) retains the reversionary interest in the premises, the relationship that ensues is either a tenancy or licence. While a tenant has an estate in the premises let out to him, and has exclusive possession even against the landlord and can maintain an action against the landlord in trespass – Iheanacho v. Uzochukwu (supra); On the other hand, a licensee has neither estate nor such exclusive right of possession against the landlord, and he cannot sustain an action against the landlord in trespass.
TYPES OF TENANCIES
- Tenancy at will: Occupies premises with consent of landlord without any fixed or definite term or interest in the property, under the Rent Control Law, such persons are given 7 days to quit – Odutola v. Papersack (Nig) Ltd (supra).
- Tenancy at sufferance: Occupies the premises without the consent of the landlord, and arises in a situation where there has been a notice to quit and he refuses to give up possession.
- Periodic Tenancy: Arises where a tenant has been given possession of premises with the consent of the landlord and there is a particular time fixed. Usually it will carry a renewal clause. A periodic tenancy will be determined by a notice to quit and it must be 7 days at least – Section 14(2) of the Rent Control Law; section 8(3) of Recovery of Premises Act, Abuja; Gand v. Jubber.
- Statutory Tenant: A tenant who got into the premises legally but subsequently his tenancy is terminated either by valid notice to quit or by expiration of time, such that he would have become a tenancy at sufferance, however he cannot be forcefully ejected unless proper legal action is taken out at the law court because the law (statute) offers some protection to the tenancy. If such tenant is forcefully ejected, the landlord will be liable in trespass – Pan Asian African Co. Ltd v. NICON (1982) 9 SC 1; AP v. Owodunni (supra).
- Tenancy for a fixed period: Tenancy for a term certain and fixed and known by the parties and automatically expires on effluxion of time – UBA v. Tejumola (supra).
- Tenancy by estoppel: Where the parties are estopped from denying the tenancy, that is, where a particular person acts as landlord and does not have title to the property – Ude v. Nwara.
This 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 – Section 2 of Recovery of Premises Act, Abuja; Section 36 of Rent Control Law, Lagos.
WHAT IS PREMISES
The term premises includes a house or building or any part thereof together with its gardens (or grounds in Abuja) or other appurtenances and will also include land with no buildings on it – Section 2 of Recovery of Premises Act, Abuja; section 36 of Rent Control Law, Lagos.
STATUTORY TENANT
At common law, upon the due determination of the term of the tenancy either by effluxion of time or by valid notice to quit, the tenant if he still holds over and detains the premises, becomes a tenant at sufferance, and may even be treated as a trespasser – Clifton Securities Ltd v. Huntley (1984) 2 All ER 283.
However, under the Recovery of Premises Laws, such a tenant is protected by the Statutes and has a right to possession even to the exclusion of the owner until such a tenant voluntarily gives up possession or is compelled by an order of court to do so. Thus, he is referred to as a statutory tenant being one who ordinarily should have become a trespasser but for the protection of the law governing the transaction.
In Pan Asian African Co. Ltd v. NICON, per Idigbe JSC said thus –
“put simply, a statutory tenant is an occupier who, when his contractual tenancy expires, holds over and continues in possession by virtue of special statutory provisions.”
EFFECT OF STATUTORY FORMS
Section 30(1) of the Rent Control and Recovery of Residential Premises Edict, Lagos; and Section 31(1) of the Recovery of Premises Act, Abuja, provides that subject to express provisions, if any of the rules, the Forms contained in the schedule may in accordance with the instructions contained in the said Forms and with such variations as the circumstances of the particular case may require be used in cases to which they apply and when used shall be good and sufficient in law.
This means that the section does not specifically or by implication exclude the use of other Forms rather it validates the use of the Forms in the schedule.
The filing of a writ or plaint in Form F does not dispense with the filing of pleadings in the High Court. The procedure under recovery of premises only takes care of how notices are issued and served on a tenant and provides a pro forma of the summons to be taken out. It does not eliminate other procedures in the High Court – Umenyi v. Ezeobi (1990) 3 NWLR (Pt. 140) 621.
GROUNDS FOR RECOVERY OF PREMISES
Under Section 25 of the Tenancy Law 2011, the grounds for the grant of an application for the possession of premises are:
- Arrears for rent
- If the premises is required for the landlord’s use
- Breach of express covenant
- If substantial repairs are required to be done on the premises.
CALYX LAW FIRM
22 Ozumba Mbadiwe Avenue, Victoria Island, Lagos
Phone No: +2347062453798 email: calyxlawfirm@gmail.com
Our Ref………………………… Your Ref………………………
To: Mr. Dauda Kareem
22 Koko Lodge,
Surulere,
Lagos.
Sir,
NOTICE TO QUIT
I, Orji A Uka, as Solicitor to Chief Olowo, your landlord and on his behalf give you notice to quit and deliver up possession of the four bedroom premises with the appurtenances situate at 22 Koko Lodge Surulere, Lagos which you hold of him as yearly tenant thereof on the 30th day of September, 2012.
Dated this 20th Day of March 2012.
_____________________
Orji A. Uka Esq
Solicitor to Landlord
CALYX LAW FIRM
22 Ozumba Mbadiwe Avenue, Victoria Island, Lagos
Phone No: +6245379842 email: calyxlawfirm@gmail.com
Our Ref………………………… Your Ref………………………
March 20, 2012.
To: Mr. John Thunder
Block 2 Flat 10
Katagun Street,
Ikeja,
Lagos.
Sir,
NOTICE TO OCCUPIER OF OWNER’S INTENTION TO APPLY TO RECOVER POSSESSION
I, Orji A Uka, as Solicitor to Chief Okon Banga, the owner, do hereby give you notice that unless peaceable possession of the 2 bedroom premises with the appurtenances thereto situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos which you held of the owner under a yearly tenancy which tenancy was determined by a quit notice to quit from the said 2 bed room premises given on 20th of June 2011, to expire 31st of December 2011. And which premises are now held over and detained from the said owner, be given to the owner on or before the expiration of seven (7) clear days from the service of this notice. I shall on Wednesday, the 27th day of March 2012 apply to the District Court acting for the district of Wuse Area Council for summons to eject any person therefrom.
DATED THIS 2ND DAY OF MARCH 2010.
Dated this 20th Day of March 2012.
_____________________
Orji A. Uka Esq
Solicitor to Landlord
IN THE MAGISTRATE COURT OF LAGOS STATE
IN THE IKEJA MAGISTERIAL DISCTRICT
HOLDEN AT IKEJA
SUIT NO………………BETWEEN
OKON BANGA …………………………………………………….. CLAIMANT
AND
JOHN THUNDER ………………………………………………….. DEFENDANT
PLAINT AGAINST TENANT REFUSING TO DELIVER UP POSSESSION
The Claimant is entitled to the possession of 4 bedroom flat situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos which were let by the plaintiff to the defendant of one year under the rent of N500,000 which said tenancy was determined by notice to quit given by the plaintiff on the 24th day of August 2011, and on the 20th of March, 2012 the plaintiff did serve on the defendant a 7 days notice in writing of his intention to apply to recover possession of the said premises (duplicate of which notice is hereto annexed) by personal service and that notwithstanding the said notice the defendant refused or neglected to deliver up possession of the said premises, and still detains the same.
The plaintiff claims:
- Possession of 4 bedroom flat situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos.
- N500,000 arrears of rent.
- N200,000 monthly mesne profit until possession is given up.
Dated this ……………… day of …………………. 2012
_______________
REGISTRAR
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDING AT IKEJA
SUIT No………………
BETWEENOKON BANGA …………………………………………………….. CLAIMANT
AND
JOHN THUNDER ………………………………………………….. DEFENDANT
You are hereby commanded that within forty-two (42) days after the service of this writ on you inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of OKON BANGA; and take notice that in default of your so doing the claimant may proceed therein and judgment may be given in your absence.
DATED THIS …………… DAY OF …………….. 20….
_______________
REGISTRAR
Memorandum to be subscribed on the writ
N.B:
This writ is to be served within three calendar months from the date thereof, or, if renewed, within three calendar months from the date of the last renewal, including the day of such date, and not afterwards.
The defendant may enter appearance personally or by Legal Practitioner either by handing in the appropriate forms, duly completed, at the Registry of the High Court of the Judicial Division in which the action is brought or by sending them to the Registry by registered post.
Endorsements to be made on the writ before issue thereof-
The claimant's claim is for –
- Possession of 4 bedroom flat situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos.
- N500,000 arrears of rent.
- N20,000 monthly mesne profit until possession is given up.
Endorsement to be made on copy of writ forthwith after service.
This writ was served by me Orji A Uka on the defendant (Personal Service) on the 20th day of March 2012.
Endorsed the 24th day of March 2012.
(Signed)..........................
No. 4 Allen Estate, Ikeja
Before the writ is issued the following certificate must be endorsed on it.
The Registry, High Court of Lagos State.
In the Ikeja Judicial Division.
A sufficient affidavit in verification of the endorsement on this writ to authorise the sealing thereof had been produced to me this 10th day of March 2010.
.............................
(Registrar)
IN THE RENT CONTROL AND RECOVERY OF RESIDENTIAL PREMISES TRIBUNAL
HOLDEN AT IKEJA
SUIT No………………BETWEEN
OKON BANGA …………………………………………………….. PLAINTIFF
AND
JOHN THUNDER ………………………………………………….. DEFENDANT
SUMMONS FOR RECOVERY OF POSSESSION OF TENEMENTS
You are hereby summoned to appear before the Tribunal at Ikeja Local Government Area on the 10th day of March 2010 at the hour of 9.00 in the forenoon to answer the plaintiff’s claim to recover possession of property situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos within the jurisdiction of this Tribunal on the ground stated on the particulars of the claim hereto annexed, and also to recover the sum of N500,000 mentioned in the said particulars.
If you dispute the claim or have a counter claim, your claim fees for plaintiff Legal Practitioner’s cost should, within 8 days after the service of this summons on you, inclusive of this day of service, send to the Registrar the defence or counterclaim for which the Form below may be used.
If you dispute only part of the money claimed you may pay into the district office of the Tribunal the amount admitted.
If you admit the whole or part of the claim and desire time for the payment or giving possession, you should within the said 8 days send to the registrar an admission for which the Form below may be used. Total amount of claim and cost.
Sending the form to the Registrar does not relieve you from appearing at the Tribunal on the day named, but delay in sending a defence or admission or in giving possession to the Tribunal may add to the costs.
To the Defendant John Thunder of Block 2 Flat 10, Katagun Street, Ikeja, Lagos.
DATED THIS …………… DAY OF …………….. 20….
_______________
REGISTRAR
No. 6 – LEGAL OPINION
A LEGAL OPINION ON CASE STUDY 3
BETWEEN CHIEF OLOWO and MR. DAUDA KAREEM
FACTS OF THE CASE
Chief Olowo is the landlord of Koko Lodge consisting of 6 flats of 4 bedrooms each. Mr. Dauda Kareem is a tenant in respect of one of the flats. The agreement between the parties is that the tenancy shall be a yearly tenancy commencing on 1st January every year at a rent of N500,000.00 per annum. After paying rent for the first 2 years in 2006 and 2007, Mr. Kareem has refused to pay further rent but remains in possession till date. Kareem throws noisy parties in the house every week to the annoyance of neighbours.
Having perused the scenario, I wish to make the following initial points:
- The tenant is a yearly tenant.
- The Landlord should issue the tenant a quit notice of six (6) months notification in Form C.
- If the tenant refuses to quit, he should serve the tenant either personally or through his agent or solicitor a notice of owner’s intention to apply to recover possession in Form E.
- If the tenant, however, remains in possession after the seven (7) clear days notice, the landlord should file a suit at the Tribunal for a writ or plaint against the tenant refusing to deliver up possession in Form F.
If the tenant does not vacate the premises of the landlord within the seven days written notice signed and issued to the tenant, the landlord shall proceed to court. Under the seven (7) days notice, the landlord is referred to as the owner because the relationship of landlord and tenant has been terminated at the expiry of the notice to quit – Chiweta v. Amissah (1957) LLR 104.
It should be noted that if at the expiration of the notice to quit, the tenant owes rent (which from the above scenario, he is) the landlord will be entitled to arrears of rent. And from that date until possession is given up, the rents which would have accrued are known as mesne profit. Mesne profit is payable only by a person holding land illegally – Oyelatun v. Shomoye (1960) WNLR 126.
Comments
Post a Comment