LEGAL PRINCIPLE: CIVIL PROCEDURE — Relief Against Forfeiture — Procedure — Proper mode of seeking relief against forfeiture by customary tenant
PRINCIPLE STATEMENT
The proper procedure for seeking relief against forfeiture is not by merely asking for relief in pleadings. The tenant may initiate a claim by writ or originating summons, or counter-claim in the lessor's action, or apply by summons in that action.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okpala & Ors v. Okpu & Ors (2003) NLC-1211997(SC) at pp. 16–17; Paras A–E.
"Where a tenant, whether he is a customary tenant or not, commits an act which could incur a forfeiture of the tenancy and a claim for such forfeiture is brought against him in the High Court, the proper procedure is not by just asking for relief in the pleadings... The procedure to be followed... is described in Atkin's Court Forms... 'A claim for relief from forfeiture for non-payment of rent may be made in a number of ways. If the landlord has not begun any proceedings the tenant or sub-tenant may initiate a claim for relief by writ or originating summons. Alternatively, the tenant may counter-claim for relief in the lessor's action or simply apply by summons in that action...'"
EXPLANATION / SCOPE
Relief against forfeiture requires proper procedural steps. The principle applies to property law. Mere pleading is insufficient. The rule provides multiple procedural options. The tenant must act promptly. The principle is well-established.