CUSTOMARY LAW — Customary Tenancy — Existence Based on Acknowledgement of Overlordship
Principle Statement
The concept of customary tenancy is peculiar to customary law and has no equivalent in English law. Where the tenant unequivocally recognises the overlordship of the landlord, a customary tenancy exists, whether tribute is paid or not.
Ratio Decidendi (Source)
Per Tobi, JSC, in Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC) at p. 19; Paras C–E.
"The concept of customary tenancy, which creates a relationship of landlord and tenant, is peculiar to customary law and has no equivalent in English law… where the tenant unequivocally recognises the position of overlord of the landlord, a customary tenancy exists, whether tribute is paid or not."
Explanation / Scope
Customary tenancy arises from recognition of overlordship, not payment of tribute. The principle applies to customary land law.
