PRINCIPLE STATEMENT

Where parties agree that the tenant would deforest the land and after that period start paying perpetual yearly rent, the grant is not a term lease for the deforestation period but a customary tenancy for an indefinite period.

RATIO DECIDENDI (SOURCE)

Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at p. 10; Paras. A–C.
"Where the parties estimated that it would take the plaintiff a period of eight years to deforest the land and make it fit for cultivation, and agreed that after that period the plaintiff would start paying perpetual yearly rent, the eight-year period is the period allowed for deforestation before effective farming could commence for the tenant to pay his annual tributes. Such a grant is not a term lease for eight years but a customary tenancy for an indefinite period."
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EXPLANATION / SCOPE

A customary tenancy differs from a term lease. The deforestation period is not a fixed term; it is preparatory. The tenancy continues indefinitely as long as the tenant pays tribute. The principle applies to customary land grants. The tenant has a permanent interest. The landlord cannot terminate arbitrarily. The rule protects customary tenants. The court will examine the nature of the grant. The parties’ intention determines the classification.

CASES APPLYING THIS PRINCIPLE