LEGAL PRINCIPLE: LAND LAW — Customary Tenancy — Denial of Overlord’s Title as Ground for Forfeiture
PRINCIPLE STATEMENT
Denial of an overlord's title by a customary tenant is one of the greatest breaches that a customary tenant can commit. It is indeed a most serious act of misbehaviour for a customary tenant to deny the title of the true overlord.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ogun v. Akinyelu & Ors (2004) NLC-2071999(SC) at pp. 9–10; Paras D–A.
"Denial of an overlord's title by a customary tenant is one of the greatest breaches that a customary tenant can commit. ... It is indeed a most serious act of misbehaviour by a customary tenant to deny the title of the true overlord to the land of which he is a tenant."
EXPLANATION / SCOPE
Denial of the overlord’s title by a customary tenant constitutes the most serious breach. Such denial justifies forfeiture of the tenancy. The principle applies to customary land law. The rule protects the overlord’s fundamental title. Any denial, direct or indirect, is a grave act of misbehaviour. Forfeiture is the appropriate remedy for such denial.
