LEGAL PRINCIPLE: CUSTOMARY LAW — Customary Tenancy — Forfeiture — Non-payment of tribute as ground for forfeiture
PRINCIPLE STATEMENT
Non-payment of tribute or rent may not necessarily constitute misconduct or misbehaviour to result in forfeiture, but combined with other acts, such non-payment becomes a clear ground for forfeiture of the customary tenancy.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okpala & Ors v. Okpu & Ors (2003) NLC-1211997(SC) at p. 14; Paras D–E.
"Although non-payment of tribute or rent may not necessarily constitute misconduct or misbehaviour to result in forfeiture, the totality of the above acts of the appellants make such non-payment a clear ground for forfeiture of the customary tenancy."
EXPLANATION / SCOPE
Non-payment alone may not justify forfeiture, but with other acts, it becomes a ground. The principle applies to customary tenancy. The court considers the totality of conduct. The rule protects the overlord’s rights. The tenant’s cumulative misconduct may lead to forfeiture. The principle is well-established.