LEGAL PRINCIPLE: LAND LAW — Customary Tenancy — Forfeiture — Denial of Title as Ground for Forfeiture
PRINCIPLE STATEMENT
In law, denial of the title of the true overlord gives rise to a claim for forfeiture of a customary tenancy. Such denial is a ground for forfeiture in every system of jurisprudence known to us.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ogun v. Akinyelu & Ors (2004) NLC-2071999(SC) at p. 18; Pars B–C.
"In law, that gives rise to claim for forfeiture of a customary tenancy. ... a denial of the title of the true overlord is a ground for forfeiture in every system of jurisprudence known to us."
EXPLANATION / SCOPE
Denial of the overlord’s title is universally recognized as a ground for forfeiture of customary tenancy. The principle applies across all legal systems. The rule affirms the seriousness of this breach. The overlord may claim forfeiture as a remedy. The court will grant forfeiture upon proof of denial. The tenant cannot avoid forfeiture by mere apology after denial.
