LEGAL PRINCIPLE: PROPERTY LAW – Landlord and Tenant – Lease – Validity – Commencement Date Inferred from Conduct of Parties
PRINCIPLE STATEMENT
Where parties who enter into a contract are expected to honour its terms, a party who induced the other party to enter into a contract, which contract provides benefits for the inviting party which he has utilized without complaint, cannot be found to deny the validity of that contract. The appellant has enjoyed five years rent, he is still enjoying the occupation of a flat and a shop on the demised premises, it is not for him now to assert the invalidity of the contract.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Okechukwu v. Onuorah (2000) NLC-2481993(SC) at p. 4; Paras B–D.
"Where parties who enter into a contract are expected to honour its terms, a party who induced the other party to enter into a contract, which contract provides benefits for the inviting party which he has utilized without complaint, cannot be found to deny the validity of that contract. The appellant has enjoyed five years rent, he is still enjoying the occupation of a flat and a shop on the demised premises, it is not for him now to assert the invalidity of the contract."
EXPLANATION / SCOPE
A party who has benefited from a contract cannot later assert its invalidity to avoid obligations. Where a landlord received rent and allowed the tenant to occupy premises, the landlord is estopped from denying the lease’s validity. Conduct after the agreement—accepting benefits, performing obligations—may cure any initial uncertainty. Courts will not allow a party to approbate and reprobate by taking benefits under an agreement while simultaneously challenging its validity. This principle upholds contractual obligations and prevents unjust enrichment.