LEGAL PRINCIPLE: LAND LAW — Customary Tenancy — Distinction from Term Lease
PRINCIPLE STATEMENT
Where parties agree that the tenant would deforest the land and after that period start paying perpetual yearly rent, the grant is not a term lease for the deforestation period but a customary tenancy for an indefinite period.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at p. 10; Paras. A–C.
"Where the parties estimated that it would take the plaintiff a period of eight years to deforest the land and make it fit for cultivation, and agreed that after that period the plaintiff would start paying perpetual yearly rent, the eight-year period is the period allowed for deforestation before effective farming could commence for the tenant to pay his annual tributes. Such a grant is not a term lease for eight years but a customary tenancy for an indefinite period."
EXPLANATION / SCOPE
A customary tenancy differs from a term lease. The deforestation period is not a fixed term; it is preparatory. The tenancy continues indefinitely as long as the tenant pays tribute. The principle applies to customary land grants. The tenant has a permanent interest. The landlord cannot terminate arbitrarily. The rule protects customary tenants. The court will examine the nature of the grant. The parties’ intention determines the classification.