LEGAL PRINCIPLE: LAND LAW — Customary Tenancy — Nature of Interest — Indefinite Duration
PRINCIPLE STATEMENT
Where a grant of land is made under native law and custom for exploitation and cultivation, and the grantee pays annual tribute, the grant is for a long indefinite period, not for any specific period. The tenant may remain as long as he wishes and keeps to his obligations.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at p. 10; Paras. A–C.
"Where a grant of land is made under native law and custom for purposes of exploitation and cultivation, and the grantee takes possession, deforests the land, develops it for farming, and pays annual tribute, such a grant is for a long indefinite period, not for any specific period. The parties intend that the tenant should settle and work on the land as long as he wishes and keeps to his side of the bargain, with an option to give up the land and return to his home if he so wishes."
EXPLANATION / SCOPE
Customary tenancy grants an indefinite interest. The tenant may remain indefinitely as long as obligations are met. The principle applies to customary land grants. The tenant has security of tenure. The landlord cannot arbitrarily terminate. The rule protects customary tenants. The court will examine the terms of the grant. The parties intend a permanent arrangement. The tenant may voluntarily give up the land.