nigerian cases on arrears of rent

Found inside – Page 284... is in arrears of payment of maintenance up to four payments in the case of an ... Various deductions were made from the salary for rent, vehicle loan, ... Found inside – Page 187Place , Time and Mode of Payment of Rent Normally , the proper place for payment of rent is upon the land demised unless there is an express agreement to the contrary and in that case it will be the duty of the tenant to seek the landlord out ... Found inside – Page 305Thus , petitioner sought funds for the rent arrears which had been accumulating since 1989. By petitioner's ... He also sent , because of the obligation of " cultural ties ” , about $ 3,000 to relatives in Nigeria for medical care and other expenses . Found inside – Page 70If the amount in dispute , however , is over £ 50 , the case may be taken to the Supreme Court . ... A report on the Native Court system in the Protectorate by Mr. N. J. Brooke , a retired Judge of the Supreme Court in Nigeria , is being studied by the Government . ... breach of contractual obligation ( 6 ) Larceny Magistrates ' Courts ( a ) Debts including arrears of rent and damages for assault and wounding ... Found inside – Page 128... ( ii ) in the case of an action on a judgment be construed as references to the date on which the judgement became enforceable ; ( iii ) in the case of an action to recover arrears of rent be 1 proces promet Cestachari pili ( 2 ) This Section shall. Found inside – Page 126Claim for recovery of premises , mesne profits and arrears of rent - owner of equitable interest cannot give notice to quit — failure to prove service of notice to quit - - sections 19 and 28 of the Recovery of Premises Ordinance , Cap . Found inside – Page 118He saw the agent who undertook to redeliver the vehicle to the hirer if the latter paid the arrears in full and the expenses of the seizure . ... The standing of the 2nd Plaintiff , the guarantor of the hirer in the case may be dismissed summarily . ... in that they did not call upon him to pay the arrears of hire rents , which the hirer had failed to pay , and they did not give him notice before seizing the vehicle . Found inside – Page 346In 1956 , the Respondent sued Oluwo at the Magistrate's Court for recovery of possession and for arrears of rent . ... Despite raising the issue of title , the Magistrate nevertheless went ahead with the case and held that the issue as to title was ... Found inside – Page 11Nigeria. Federal Ministry of Justice. Welfare Section The Welfare Section of the Federal Public Trustee maintained good ... Moreover the new methods of keeping record of results of cases and statutory notices have proved tremendously helpful . ... Courts are for recovery of possession of premises and arrears of rent against defaulting tenants of properties managed by the Federal Public Trustee . Found inside – Page 107words " cash ” or “ cash and shares ” could possibly be said to include arrears of rent , and the term " consideration " must refer to fresh moneys in respect of new concessions or leases . Counsel for the respondent argued that in order to ... Found inside – Page 188In the instant appeal, the fact that the Magistrate in his ruling assumed jurisdiction in cases of arrears or rent and possession does not lead to a ... Found inside – Page 74Section 4 should be modified to allow a landlord to sue any tenant in arrears of rent . ... It has been held in a Nigerian case , Oshinfekun v Lana , 13 where a tenant from month to month stayed over from July 1953 to July 1956 inclusive after ... Found inside – Page 253The most relevant case that addresses some of these issues is Adedoyin v Igbobi ... inter alia, for arrears of the ground rent in respect of the leased ... Found inside – Page 163There is a proviso for forfeiture if the It is , as Romer , L . J . , has said , a matter rent is in arrear for 21 days , or if there is of degree . There may be cases where the a breach of any of the lessee ' s covenants . walls are built so much of glass that it The plaintiff claimed that ... Mr . O . A . Omisore , a It is rather unfortunate that there was no Nigerian law student , of Faraday Road , previous advice from you . Found inside – Page 54in the case of a monthly tenancy , where a tenant is in arrears of rent for three months after the commencement of this Edict the tenancy shall determine and the tribunal shall on the application of the landlord make an order for possession and ... Found inside – Page 224Thus in the earliest reported case , Thoroughgood's case , 37 an illiterate man executed a deed , in which he intended to waive arrears of rent owed him by his tenant . The deed which was prepared by the tenant was interpreted to him by the ... Found inside – Page 13FEDERAL GOVERNMENT ISSUES NEW DECREE TO SET TIME - LIMITS FOR BRINGING CERTAIN CASES ... settled chattels , arrears of rent and annuities charged on movable ... Found inside – Page 246... and THE ATTORNEY GENERAL OF THE FEDERATION , THIRD PARTY High Court of the Lagos State of Nigeria ( Kassim , J. ) : September ... The plaintiff brought an action against the defendant to recover arrears of rent . ... Cases referred to : ( 1 246 THE AFRICAN LAW REPORTS FARAH FILM SERVICE LIMITED v. Found inside – Page 17472Nigeria. Limitation Act ( ii ) in relation to a person liable in respect of a debt , his personal representatives and a person ... ( iii ) in the case of an action to recover arrears of a rentcharge or a conventional rent , be construed as references to the ... Found inside – Page 71In relation to tenancies subject to Rent Control Law , the remedy of distress is no longer available to the landlord ... ( b ) Action for Arrears of Rent A Landlord may recover arrears of rent by action . ... Smallwood 54 as follows :52 S3 It is also , I think , reasonably does clear upon the cases that whether the act , coupled with the ... Found inside – Page 171The respondent gave evidence and called one witness and closed his case . The appellant rested his case on the respondent ' s . ... The claim is misconceived and the evidence led does not support the claim for any arrears of rent . Found inside – Page 378The plaintiff will rely on the Deed of Lease granted to the defendant by the plaintiffs ' predecessor in title and contend that it is void as it has not been made in proper form . ... the requirement of service of statutory notices to deliver up possession would not be applicable to the appellants ' case . ... The content of Exhibit " A " demanding payment of 44 months ' arrears of rent amounting to 378 [ 1982 ] Vol . Found inside – Page 277In any case , not more than six years ' rent is recoverable . 37a ( B ) AN ACTION FOR ARREARS OF RENT . It was held in Da Rocha v . Shell Co.38 that there must be a formal demand for rent on the landlord's part before he can sue his tenant ... Found inside – Page 405Leading Cases from Common Law Africa in the 1960's Alan Milner Susan Abrahams. There is ... BENTWORTH FINANCE ( NIGERIA ) , LIMITED SUPREME COURT OF NIGERIA : 1965 ALR Comm . ... brought an action to recover arrears of the rental , repossession expenses and an “ agreed depreciation amount " under cl . Found inside – Page 533... and it is hereby also expressly agreed that if the rent hereby reserved or any part thereof shall be in arrear for twenty - one days or if the grantee ... Found inside – Page 2882 At the further hearing of the above legal points , counsel for the plaintiff submitted that Candido Da Rocha ' s case has no application to ... He maintained that the demand of the arrears of rent from 1967 to 1971 does not amount to waiver . Found inside – Page 148Mathew 1883 11 QBD808 and Nigerian case of Akibu vs. ... of the tenancy in lieu of arrears of rent and thus acquired legal title for valuable consideration. Found inside – Page 70If the amount in dispute, however, is over £50, the case may be taken to the Supreme Court. ... A report on the Native Court system in the Protectorate by Mr. N. J. Brooke, a retired Judge of the Supreme Court in Nigeria, is being studied by the Government. ... Courts (a) Debts including arrears of rent and damages for assault and wounding (b) Larceny, burglary and housebreaking, assault and wounding. Found inside – Page 270If the lease is for a specific purpose which becomes impossible of achievement , there may be a strong case for holding the ... 415 A This was a claim by the plaintiff / appellant for arrears of rents said to be due to him from December 1 , 1967 to ... Found inside – Page 168A landlord having any rent in arrear or due upon any lease or demise for life or lives may bring an action for such arrears in the same manner as he might have done in case such rent were due and 8 Anne , c.18 , reserved upon a lease for ... Found inside – Page 524The permission which is sought by the petitioner herein , is to recover money which is arrears of rent of property which belongs to the ... The instant case is not one for the recovery of money which is charged on the property belonging to another country . ... Central Bank of Nigeria , ( 1977 ) 1 All . ER 881 : ( 1977 ) 1 QB 529 . Found inside – Page 77In the case if an express grant , there must have been a complete agreement as to all the terms , and there must be a ... If rent is in arrears for twentyone days , the tenant ... On none of these topics does the author cite any Nigerian cases . Found inside – Page 453[ owner , or agent to . the owner , as the case may be ] do hereby give you notice , that unless peaceable possession of the ... claims possession and £ for arrears of rent and mesne profits at the rate of £ . per .......... , being at the rate of the rent of ... Found inside – Page 28729 of which reads : ' In the case of any action for a forfeiture brought for non - payment of rent , the court shall have ... applies to govern such questions as recovery of arrears of rent by and payment of costs to a landlordo ; ( 3 ) that where a ... Found inside – Page 178After the death of S , the appellant paid rents to one or another of the respondents . ... the hearing , the appellants counsel pleaded orally that the appellant was not liable for rent arrears and was resisting possession , appellant ' s case being ... Found inside – Page 2295... a quarter's notice ; ( c ) in the case of a yearly tenancy , half a year's notice ; Provided that in the case of a monthly tenancy , where a tenant is in arrears of rent for three months after the commencement of this Law the tenancy shall terminate ... Found inside – Page 171The learned trial judge would also have been right to say as he did : “ But the claim before me is for arrears of rent or ... Court Rules of Eastern Nigeria applicable to this case ( it being my view that Sections 15 and 16 of the High Court Law ... Found inside – Page 5050 NIGERIAN MONTHLY LAW REPORTS We shall deal first with the complaint about the power of attorney . ... to sue in any court of law under the Kano State any of our tenants for arrears of house rent and possession of premises , to enforce payments in any decree or order against any of our tenants ... This case decided that an agreement to sell land was not necessarily " a document affecting land " . Found inside – Page 15Kwara State (Nigeria). ( c ) in the case of a quarterly tenancy , a quarter's notice ; and ( d ) in the case of a yearly tenancy , half a year's notice : Provided that in the case of a monthly tenancy , where a tenant is in arrears of rent for three months ... Found inside – Page xxi... and vica versa , backwards and forwards , as the as the case progresses ; that the Landlord having led evidence that the defendant was owing him W2,964.00 arrears of rent , the burden had shifted upon the defendant to satisfy the court that ... Found inside – Page 95BASSEY EFIOM IRONBAR . if the purchaser has been receiving rents accruing after the wrongful sale they would appear to be rents ... leave of the court , except claims in respect of mesne profits , or arrears of rent , or double value in respect of the preinises claimed or any part thereof ... Nigeria , as I have held in a previous case , and we must look to our own rules dealing with joinder of causes of action . Found inside – Page 79The facts in the cited case are not on all fours with those of the case of the appellant here . There the document of title was produced and what had to be determined was whether the proviso for re - entry for arrears of rent could validly ... Found inside – Page 157In that case the appellant , a State lessee , granted a sublease to the defendant without the consent of the Government . The defendant went ... The plaintiff's action for arrears of rent was dismissed by the Magistrates ' Court and the decision ... Found inside – Page 1194on the the said tenancy ( " the rent of per week on day in each ucek ” or “ the rent of per month on the day of each month , " or " the quarterly rent of day of the day of the day of the day of in every year ( as the case may be ) . 2. The lessee agrees to ... If the said rent shall be in arrear for days or if there shall be any breach of ... Found inside – Page 182Containing Selected Judgments Decided in ... by the High Courts in East-Central State of Nigeria (and Supreme Court Judgments on Appeal from These Courts). ... under the mortgage is in arrears and unpaid for two months after being due " Cases referred to :Alliance Building Society v . ... OMO , J : The plaintiff in this case claims from the defendant the sum of N360.00 being rent for six months ( August ... Found inside – Page 122Northern Region of Nigeria (Nigeria) ... shall be payable yearly , halfyearly , quarterly or monthly in arrears or in advance , and the date on which the first payment of such rate , charge or rent shall become due , or in the case of water supplied by a public supply the manner in which the charge for such water shall be payable ... Found inside – Page 78He had paid the defendant's rent, which were in arrears to the defendant's ... In this case, the defendant was incontrovertibly benefited as the plaintiff ... Found inside – Page 419Where a claim is brought ( as this was ) under the Rents ( Control ) Ordinance , the Native Courts have no jurisdiction to deal ... Appeal from the Supreme Court of Nigeria . ... Bruce against the Trustees of the Ocansey estate in which the plaintiff claimed £350 arrears of rent and an Order of ejectment ... On 10th March , 1947 , the case came before 419 WEST AFRICAN COURT OF APPEAL , GOLD COAST. Not amount to waiver the standing of the rental, repossession expenses an... Referred to: Alliance Building Society v of these topics does the author cite any Nigerian cases any cases. The rental, repossession expenses and an “ agreed depreciation amount `` cl! The eviction ban? rather unfortunate nigerian cases on arrears of rent there was no Nigerian law student, of Faraday Road, advice... No Nigerian law student, of Faraday Road, previous advice from you be dismissed summarily as Romer,.! 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