LEGAL PRINCIPLE: PROPERTY LAW – Landlord and tenant – Claim for use and occupation against tenant at sufferance
PRINCIPLE STATEMENT
One who enters on land by a lawful title, and after his title has ended, continues to retain possession without the landlord's consent is a tenant at sufferance and may be sued for compensation or damages for use and occupation.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC) at p. 7; Paras A–B.
"One who enters on land by a lawful title, and after his title has ended, continues to retain possession thereof without the consent of his landlord is a tenant at sufferance and may be sued by his former landlord for compensation or damages for use and occupation of such land."
EXPLANATION / SCOPE
A tenant at sufferance holds over without consent. The landlord may claim compensation for use and occupation. The principle applies to landlord-tenant relationships. The claim is based on quantum meruit. The rule protects the landlord’s rights. The tenant cannot remain without payment. The principle is well-established.
