Legal Reprieve For Landlords (2), By Ebun-Olu Adegboruwa, SAN | Sahara Reporters
The Supreme Court is a policy court that should use every opportunity that comes its way to make landmark pronouncements that will enhance justice and equity.
Jan 25, 2022The feedback from the first edition of this piece has been a great relief for me and I’m sure for many, especially those hapless landlords that have been at the mercy of very stubborn tenants, who have taken them through sorrow and tears, in order to reap the fruits of their investment. I know there are landlords who behave as if the whole world revolves around them, taking the slightest opportunity to extort tenants through mindless increment in rents, constant harassment and bullying. Well, these are in the minority and surely and certainly, their days are numbered. This column will focus on those godless landlords in the near future.Read more: Sahara Reporters »
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by Ebun-Olu Adegboruwa, SAN Jan 25, 2022 The feedback from the first edition of this piece has been a great relief for me and I’m sure for many, especially those hapless landlords that have been at the mercy of very stubborn tenants, who have taken them through sorrow and tears, in order to reap the fruits of their investment.COVID-19: FCTA bars unvaccinated civil servants, visitors from offices “An Order of this Honourable Court directing the 2nd and 3rd Defendants to restore the building plan approval and withdraw the demolition notice over Plot 1186, Katampe extension, Abuja.by SAHARAREPORTERS, NEW YORK Jan 23, 2022 The fourth wave of COVID-19 is over in Lagos, the state government has said.by SAHARAREPORTERS, NEW YORK Jan 23, 2022 Presidency sources have stated that President Muhammadu Buhari would “definitely have a say in who his political party would pick” as his successor in the 2023 general elections.
I know there are landlords who behave as if the whole world revolves around them, taking the slightest opportunity to extort tenants through mindless increment in rents, constant harassment and bullying. Well, these are in the minority and surely and certainly, their days are numbered. “The demand letter reads: “The reasons why we are alleging fault are: You were properly served with the originating court processes and you were fully represented by a counsel of your choice in the matter and on the date of judgment you counsel was present and fully participated in the proceedings. This column will focus on those godless landlords in the near future.9 per cent on January 20, 2022. Another thorny legal issue that was resolved by the Supreme Court in the case of Pillars (Nigeria) Ltd. “Our client’s demands: Your action is malicious, contemptuous, illegal, unlawful, an abuse of power and unwarranted egregious violation of the constitution you swore to uphold. v. Tinubu and Umahi have openly declared their intention to contest the coveted seat after their separate meetings with the President, while Bello said he would formally declare after the party’s national convention scheduled for February 26.
Desbordes (2021) 12 NWLR (Pt. “Take notice that if you refuse, fail and or neglect to accede to our client’s demands within seven days after receipt of this letter we will without further notice to you institute an action before a competent Court to seek an award of aggravated and/or exemplary damages amongst other reliefs that may be available to our client under the law. But the commissioner asked Lagosians to get vaccinated and continue to adhere to non-pharmaceutical interventions to further reduce the spread of the virus.1789) 122 is that of the legal consequence for a landlord who has issued proper quit notice to a tenant and then subsequently collected rents. There are many scenarios. All rights reserved. In some cases, some landlords just issue quit notices in order to scare the tenant to concede to an arbitrary increment in rent, whilst some do so genuinely due to several factors ranging from strained relationship with the tenant, failure to pay rents or some other reasons. Some schools of thought have always held the view that collection of rent by a landlord who had previously issued a quit notice amounts to a repudiation of the said notice whilst others hold the view that it means a renewal of the expired tenancy. Contact:. The source said, “You know the President is a man of few words.
Some others even say that it amounts to a waiver. This issue has now been laid to rest in the following immortal words of Ogunwumiju, J.S.C. at page 144, paragraphs A-C of the report: “The strongest point made by the appellant is that the respondents had waived their right to forfeiture by demanding and collecting rent till 1995. When asked if he was interested in who eventually succeeds him, he responded, “No.
I agree with the inference of the court below in agreeing with the High Court that even though the Respondent collected rent till 1991, there was a letter by the respondents’ counsel – exhibit N – written in 1992 clearly showing an intention to terminate the lease. The fact that a landlord collected rent on a property still in occupation or possession of the tenant after notice to quit cannot by any stretch of the law, equity or imagination amount to a waiver of the notice to quit even where the notice had expired and the tenant refused to yield possession in time. The notice to quit would subsist until it is formally rescinded by the landlord and or when a fresh tenancy agreement is entered into.” So long as the property remains that of the landlord and the tenant is in occupation, whatever rent that is paid on the property should justifiably be ascribed to the owner thereof as part of his legitimate income and that of itself alone should not rob him of the right of action against the tenant. Now I have read opinions on the laudable judgment of the Supreme Court wherein some have stated that the concurrent judgment of Ogunwumiju J. Obasanjo did not say anything.
S.C. was an obiter that did not tally with the leading judgment of Agim, J.S.C.
For me, Pillars v Desbordes is revolutionary in many respects, especially in the area of the burial of technical procedures at the expense of substantial justice. This is reflected in most of the responses to the first article on this point, some of which I will share with you. See Also .