LEGAL PRINCIPLE: LAND LAW – Customary Tenancy – Automatic Termination of Annual/Farming Season Tenancy on Accomplishment of Purpose
PRINCIPLE STATEMENT
A customary tenancy granted for a specific period, such as a farming season, comes automatically to an end when the purpose for which the grant was made has been accomplished. For a tenancy granted for one farming season for the cultivation of seasonal crops, the purpose is accomplished when the crops have been harvested.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Kele v. Nwerebere (1998) NLC-761991(SC) at pp. 14–15; Paras A–B.
"A customary tenancy for a specific period e.g. a farming season comes automatically to an end when the purpose for which the grant was made has been accomplished. In the case of a tenancy granted for one farming season for the cultivation of seasonal crops, the purpose is accomplished when the crops have been harvested, the end of the harvest marks also the end of the tenancy."
EXPLANATION / SCOPE
Annual customary tenancy terminates automatically at the end of the farming season. The tenant must quit after harvest. The principle applies to customary land tenure. The tenant cannot remain without renewal. The rule protects the landowner’s interest. The court will enforce the termination. The principle is based on the nature of the grant.