UNIT 4

NATURE OF CUSTOMARY TENANCY

Customary tenancy refers to the traditional practice where a landowner (the grantor) allows another person (the tenant) to occupy and use the land according to local customs and traditions. This type of tenancy is recognized under customary law, which varies among different ethnic groups in Nigeria. Customary tenancies are typically not documented formally, relying instead on oral agreements and communal recognition. Customary tenancies usually arise from an agreement, either express or implied, where the landowner grants the tenant the right to use the land in return for a token payment, tribute, or other forms of acknowledgment. The nature of these agreements is often influenced by local customs, which dictate the terms and conditions of the tenancy.

RIGHTS OF THE CUSTOMARY TENANT

1. Right to possession and use: this is where the tenant has the right to possess and use the land in accordance with the terms of the tenancy and local customs.
2. Right to cultivate: this is where the tenant can cultivate the land, plant crops, and use the land for agricultural purposes.
3. Right to quiet enjoyment: this is where the tenant is entitled to enjoy the land without interference from the grantor or third parties, provided they adhere to the terms of the tenancy.
4. Right to transfer: In some customs, tenants may have the right to transfer their interest in the land to another person, subject to the approval of the landowner.

DUTIES OF THE CUSTOMARY TENANT

1. Payment of tribute: this is where the tenant is usually required to pay a token amount or tribute to the landowner, which may be in the form of money, farm produce, or services.
2. Maintenance of the land: this is where the tenant must maintain the land and not engage in practices that could damage it.
3. Adherence to customary practices: this is where the tenant must respect and adhere to the local customs and traditions governing the tenancy.
4. Reversion of land: Upon termination of the tenancy, the tenant must return the land to the landowner.

DETERMINATION OF CUSTOMARY TENANCY

Customary tenancy can be terminated through several means:

1. Effluxion of time: this happens if the tenancy was granted for a specific period, it terminates at the end of that period.
2. Breach of terms: this happens if the tenant breaches any fundamental term of the tenancy, the landowner may terminate the tenancy. For instance, if the tenant fails to pay the agreed tribute or misuses the land.
3. Abandonment: this happens if the tenant abandons the land, the tenancy is deemed terminated.
4. Death of tenant: In some customs, the death of the tenant may lead to the termination of the tenancy unless there are provisions for succession.

RELIEF AGAINST FORFEITURE

Relief against forfeiture is a legal remedy that allows a tenant to apply to the court to set aside a forfeiture order. This remedy is typically sought when a tenant has breached a term of the tenancy but believes that forfeiture is an excessive penalty. Under Nigerian law, the courts can grant relief against forfeiture if the tenant can demonstrate that the breach was not willful, and they are willing to rectify the breach and comply with the tenancy terms moving forward. This principle is recognized under both customary law and statutory law, such as the Land Use Act. See the case of Onwudinjo v. Dimobi (1956) 1 FSC 51 which illustrates the principles of relief against forfeiture under customary tenancy and the court held that a tenant could be granted relief if they rectify the breach and continue to adhere to the terms of the tenancy.

IMPACT OF LAND USE ACT ON CUSTOMARY TENANCY

The Land Use Act of 1978 significantly reformed land tenure in Nigeria. It vests all land in a state governor, who holds it in trust for the people. See sections 1 and 36 of the Land Use Act 1978 which are particularly relevant to the administration and control of land under the Act and the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130 which discussed the implications of the Land Use Act on customary land tenure and the rights of customary tenants.
This act has had several impacts on customary tenancies that includes the following:

1. Governorship control: this is where customary landowners no longer have absolute ownership of their land. They hold land as trustees for the community, subject to the governor's control.
2. Conversion to statutory rights: this is where customary tenancies can be converted to statutory rights of occupancy, which provides more formal legal recognition and protection for tenants.
3. Registration requirement: this is where customary tenancies must now be registered to be legally recognized, providing clearer records but also adding bureaucracy.
4. Security of tenure: this is where the Land Use Act enhances the security of tenure for tenants, as it provides a more structured legal framework for resolving disputes and enforcing tenancy agreements.

CONCLUSION

In conclusion, customary tenancy remains a vital aspect of land tenure in Nigeria, though its practice has been significantly influenced by statutory reforms such as the Land Use Act. Understanding the rights and duties of customary tenants, along with the mechanisms for the determination of tenancies and relief against forfeiture, is essential for navigating the complexities of customary and statutory land laws in Nigeria.