Legal Principles – Nigerian LawCompass

Property Law Important

PROPERTY LAW – Landlord and Tenant – Sublease – Statutory Provisions – Commencement on Contingent Event

"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...

Property Law Important

PROPERTY LAW – Landlord and Tenant – Lease – Essential Requirements – Statement of Law

"In Osho & Anor. v. Foreign Finance Corporation & Anor. (1991) 4 NWLR (Pt. 184) 157, 193 this court sets out requirements of valid lease as: i. words of demise;...

Property Law Important

PROPERTY LAW – Landlord and Tenant – Lease – Validity – Commencement Date Inferred from Conduct of Parties

"Where parties who enter into a contract are expected to honour its terms, a party who induced the other party to enter into a contract, which contract provides benefits for...

Property Law Important

PROPERTY LAW – Landlord and Tenant – Lease – Validity – Commencement Date – Certainty of Contingent Event – Certificate of Occupancy

"When a term is made to commence upon the occurrence of a future contingent event, the test whether there is certainty of the commencement of the term is whether the...

Land Law Important

PROPERTY LAW – Landlord and Tenant – Lease – Validity – Commencement Date Dependent on Contingent Event – Whether Lease Void for Uncertainty

"Where a date for the commencement of a lease is not specified but stated by reference to the happening of a contingency which is uncertain in time, until the contingency...

Land Law Important

LAND LAW – Traditional Evidence – Conflict in Traditional History – How Resolved

"Where there is a conflict in traditional history, the demeanor of witnesses is of little guide to the truth of the matter as it must be recognized that in the...

Land Law Important

LAND LAW – Title to Land – Sale Under Customary Law – Requirements for Valid Sale

"Payment of the agreed purchase price by the plaintiff coupled with the delivery of possession of the land to him created a valid sale of the land by the Ayoade...

Land Law Important

LAND LAW – Title to Land – Failure of Defence to Prove Root of Title

"The respondents never in the pleadings adverted to how they had any title to the land or how they acquired any title to it."

Land Law Important

PROPERTY LAW – Land Instruments Registration Law – Substantial Compliance Suffices

"If, as it was the position in this case, all the essential things which an instrument like Exhibit "9" should contain are contained in it and what appears to be...

Customary Law Important

CUSTOMARY LAW / PROPERTY – Fishing Rights in Tidal Waters – Right to Collect Rent for Permanent Settlements

"By this judgment, it is quite clear that the full court preserved the right of an owner of land which abuts the creeks or through which a tidal waterway flows...

Land Law Important

LAND LAW – Proof of Title – Registered Conveyance as Prima Facie Evidence of Title

"A duly registered conveyance constitutes prima facie evidence of title and, in the absence of credible contradictory evidence, is sufficient to support an award of title in favour of the...

Land Law Important

TENANCY – Mesne Profit – How Calculated – Whether Liquidated or Unliquidated – Whether Landlord Not Entitled to Amount in Excess of Amount Payable During Subsisting Tenancy

"The point must be stressed that the plaintiff in an action for loss of use and occupation of a premise is not bound to use the rent payable during the...