UNIT 13

RECOVERY OF POSSESSION OF PREMISES

The recovery of possession of premises is a critical area of civil litigation, particularly in disputes involving property rights and landlord-tenant relationships. In Nigeria, this process is governed by various statutes and judicial decisions. The primary legal basis for recovering possession of premises in Nigeria is found in the recovery of premises act, which applies to residential tenancies, and in relevant provisions of the land use act and property and conveyancing law of the respective states. It includes the following:

1. Recovery of premises act: This act provides the procedure for recovering possession of premises by a landlord from a tenant who has wrongfully withheld possession. The act also outlines the steps for initiating and conducting proceedings to recover possession.
2. Land use act: This act governs land ownership and the allocation of land in Nigeria. It affects recovery of possession in cases where the land is owned or controlled by the government.
3. Property and conveyancing law: Each state in Nigeria may have its own property and conveyancing law which often includes provisions related to the recovery of possession of property.

GROUNDS FOR RECOVERY OF POSSESSION

In Nigerian law, a landlord may seek to recover possession of premises on various grounds including the following:

1. Non-payment of rent: Failure by the tenant to pay rent is a common ground for seeking recovery of possession. The landlord must prove that rent is overdue and that proper notice has been given. See the case of Olowo v. Olowo (2000) 11 NWLR (Pt. 679) 122 where the court highlights the landlord’s right to recover possession when the tenant fails to pay rent and the court ruled that a landlord must provide clear evidence of the tenant’s default and the notice given.
2. Breach of lease terms: If a tenant breaches any of the terms of the lease agreement, such as using the premises for unlawful purposes or subletting without permission, the landlord may seek recovery of possession. See the case of Falehinmi v. Aloye (1996) 3 NWLR (Pt. 437) 551 where the court emphasizes the importance of following proper legal procedure in recovery of possession cases and the court held that a landlord must prove that the tenant was in breach of the lease terms and that proper notice was given.
3. Expiry of tenancy: When a tenancy agreement expires and the tenant refuses to vacate the premises, the landlord can initiate proceedings to recover possession.
4. Overholding: This occurs when a tenant remains in possession of the premises after the lease has ended, without the landlord’s consent. See the case of Okafor v. Nwankwo (2000) 6 NWLR (Pt. 661) 246 where the court deals with the issue of overholding, where the tenant remained in possession after the lease had expired and the court upheld the landlord’s right to recover possession.

PROCEDURE FOR RECOVERY OF POSSESSION

See the case of Ojeme v. Ojeme (2010) 2 NWLR (Pt. 1177) 151 where the court addresses the procedures for recovering possession under the recovery of premises act and the importance of adhering to statutory requirements. The procedure for recovering possession of premises generally involves the following steps:

1. Preliminary notice: Before commencing legal action, the landlord must usually serve a notice to the tenant, informing them of the landlord’s intention to recover possession. The notice period depends on the grounds for recovery and the terms of the lease.
2. Filing a claim: If the tenant does not vacate the premises after the notice period, the landlord can file a claim at the appropriate court. The claim is typically filed in the magistrate court or the high court, depending on the value of the property and the jurisdiction.
3. Court proceedings: The court will then hear the case and make a determination. The landlord must provide evidence to support their claim for possession. This may include evidence of the lease agreement, proof of rent arrears, or evidence of breach of lease terms.
4. Judgment and writ of possession: If the court rules in favor of the landlord, a judgment for possession will be issued. The landlord can then apply for a writ of possession, which authorizes the enforcement of the court’s decision by a bailiff or court official.

ENFORCEMENT OF JUDGMENT

Once a judgment for possession has been obtained, enforcement involves the following:

1. Application for writ of possession: this is where the landlord must apply to the court for a writ of possession, which authorizes the court’s bailiff to evict the tenant.
2. Execution: this is where the bailiff will execute the writ by removing the tenant and their belongings from the premises.
3. Post-execution: this is where the landlord should ensure that the premises are secured and that any further disputes or claims by the former tenant are addressed according to the law.

CONCLUSION

The recovery of possession of premises in Nigeria involves a series of legal steps and compliance with statutory provisions. Understanding the grounds for recovery, the procedural requirements, and relevant case law is essential for landlords seeking to regain possession of their property. By following the established legal framework, landlords can effectively address disputes and enforce their rights under Nigerian law.