LEGAL PRINCIPLE: PROPERTY LAW – Landlord and Tenant – Sublease – Statutory Provisions – Commencement on Contingent Event
PRINCIPLE STATEMENT
Under Section 37(2) of the Landlords and Tenants Law, Cap. 76 of Anambra State, a sublease may validly be created to commence on the occurrence of a contingent event. Section 37(3) of the same law stipulates that a thing shall not be regarded as omitted or uncertain in a sublease if the sublease contains sufficient facts or materials from which it can reasonably be supplied or ascertained.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Okechukwu v. Onuorah (2000) NLC-2481993(SC) at p. 9; Paras B–D.
"Under Section 37(2) of the Landlords and Tenants Law, Cap. 76 of Anambra State, a sublease may validly be created to commence on the occurrence of a contingent event. Section 37(3) of the same law stipulates that a thing shall not be regarded as omitted or uncertain in a sublease if the sublease contains sufficient facts or materials from which it can reasonably be supplied or ascertained."
EXPLANATION / SCOPE
Statutory provisions expressly permit subleases to commence on contingent events, rejecting common law rules that might treat such arrangements as void for uncertainty. Additionally, a sublease is not void for uncertainty if sufficient facts exist to reasonably supply or ascertain the missing term. This statutory framework promotes commercial efficacy and upholds party intentions where essential terms can be determined with reasonable certainty. The approach favors validity over technical invalidity where the agreement contains sufficient material for ascertainment.