When the lease of a tenant expires, and the landlord has served the tenant the required notices by law, it means that the tenant must move out of the rented premises. However, if the tenant is particularly obstinate and delays moving out, can the landlord resort to self-help and throw the tenant out by force? Let us find out from the Supreme Court matter of Akinkugbe v. Ewulum Holdings Nigeria Limited & Anor. (2008) 11 34 NSCQR Pt. II 780.
 
Prof. Akinkugbe had leased his property at 53 Talabi Street, Adeniyi Jones, Ikeja to Ewulum Holdings. Chief Godson Ewulum, the CEO of Ewulum Holdings was the person in occupation of the property. When the lease expired, Chief Ewulum failed to vacate the premises. Prof Akinkugbe went to the High Court claiming possession of the property and the court gave judgement in his favour, ordering Chief Ewulum to give up possession. The parties eventually agreed that Chief Ewulum would vacate the premises at the end of December, 1993. However, before the agreed date for the surrender of possession, Chief Ewulum brought another application at the High Court seeking a further extension of time and for permission to remain in the property for a further six months after December 1993. The court dismissed Prof. Akinkugbe’s objection to this application and adjourned the matter to January 24, 1994.
However, on January 4, 1994, before Chief Ewulum returned from his Christmas vacation, Prof. Akinkugbe and his armed agents stormed the premises, broke down the doors and pillaged Chief Ewulum’s property, littering them on the street.

Thus, Ewulum Holdings and Chief Godson Ewulum sued Prof. Akinkugbe asking the court for: a declaration that the ejection of Chief Ewulum from the premises was unlawful; an order directing Prof. Akinkugbe to indemnify them for all expenses or loss that they may incur due to the ejection; 3 million naira damages for unlawful ejection and for loss of proper feelings of dignity and pride; and100, 000 naira damages for trespass.
Chief Ewulum also claimed that he had a safe box in his bedroom which was removed during the ejection. He claimed that the box contained airline tickets, foreign currency and valuable watches and gold chains. Thus, he also sought special damages as follows: 650,000 naira; 113,000 US dollars; 41,000 UK pounds and 80,000 German marks.
On his part, Prof. Akinkugbe counter claimed against them for 2, 114, 715 naira as general and special damages for breach of covenant to repair at the end of the lease.
Dismissing the counter-claim of the landlord, the High Court Judge gave judgement in favour of Ewulum Holdings and Chief Ewulum and granted all their requests, except for the 100, 000 naira claim as damages for trespass. Dissatisfied, Prof. Akinkugbe appealed to the Court of Appeal and lost. Still aggrieved, he appealed to the Supreme Court. Check back next week for the outcome of the matter.

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forceful withdrawal could only be done after given u 6 months notice without pay and the injuction of the court has to also be in place before the landlord would think of evacuating a tenant with force.

wait ooo

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[size=24pt]mukina2 plz can you help





Sexkillz banned me till 2106 before quiting Nairaland


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@ question......Yes! If he's a military/army man

Ok

Depends on how much rent you owe.. Why not

We started from the bottom now we are here FTC

He will still lose because the matter is still with the court when he forcefully ejected the tenant, thats going against the court of law and no judge will side with him.

mazizi tonene: @ question......Yes! If he's a military/army man

tah! Military man or not, the landlord has the right to. No be him get the house? Abi im borrow money from any tenant take build am? As long as one lives under the roof of another man's house, weather he pays for rent or not, the Landlord still had controll of the activities concerning the house... You donot expect to rent a flat and throw parties every night without d landlord interfering. So in this case, The chief has been warned but stubbornly didnt give in to pay his rent... He was thrown out... No lele! End of discussion... The landlord should nt be held responsible for anything... This kindda thing happens alot in my area... They will even throw ur property outside when itz raining... They dnt care if ur tv gets spoilt. To before warn is to before harm... Abi no be so dem talk am?

Its has happen b4.

Dis is a very good write-up, and a very interesting one at that. Some tenants can be very frustrating, refusing to pay their rents and not vacating other pples property. Some people are just inhuman. Its injustice for the court to have granted damage payment in favour of the tenant. One can only imagine what the landlord must have gone thru in the hand of that tenant b4 resorting to forceful ejection. Some tenants just like to play on the loopholes of the law....

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Maybe you cant in Ikoyi and environs... For my area for Egbeda you can forcefully kick eject any mofo who refuses to pay rent on the due date. Just get some of the local 'alright sirs' and my cultist friends to go along with me.

Unless he doesn't want his house 2 be burnt down by me, make em try am nah. Or i go okija shrine colet juju kill am

The landlord carried out the eviction in the absence of his tenant hence the tenant won the case. He should have taken all necessary steps for ONLY a competent court to evict the tenant and not the landlord with some armed men to carry out the eviction by breaking into the house in the absence of the tenant.

There was atyme we were in skul,we were about to go for I.T,an its a total waste to pay for a yr,we wufnt,b around for lk 7months,xo we went 2 our landlady,n xplain she said,lai lai,we must pay for a yr,we said we dont av,she said we r goin 2 pay dearly,we continue 2 dwell,all of a sudden,after 1 wk,she came n lock our kaya,lets pack our kaya na,tori olorun,she said nope,after some tyme she pack our tins n trew its away,b4 dats wat we want,but mehn he no end for dere!

Mr•Olodo:
[size=24pt]mukina2 plz can you help





Sexkillz banned me till 2106 before quiting Nairaland


[/size]

no wonder u are mr olodo. If u were banned, how were u able to comment on dis topic ?

Mr•Olodo:
[size=24pt]mukina2 plz can you help





Sexkillz banned me till 2106 before quiting Nairaland


[/size]

Guy, you crack my rib

He will still win at the supreme court!

Ade345: Dis is a very good write-up, and a very interesting one at that. Some tenants can be very frustrating, refusing to pay their rents and not vacating other pples property. Some people are just inhuman. Its injustice for the court to have granted damage payment in favour of the tenant. One can only imagine what the landlord must have gone thru in the hand of that tenant b4 resorting to forceful ejection. Some tenants just like to play on the loopholes of the law....

Some tenants are something else. . . .no wonder some of my friends said they will never in their lives build a house and put it for let. Some tenants are so full of troubles.

martronilla: tah! Military man or not, the landlord has the right to. No be him get the house? Abi im borrow money from any tenant take build am? As long as one lives under the roof of another man's house, weather he pays for rent or not, the Landlord still had controll of the activities concerning the house... You donot expect to rent a flat and throw parties every night without d landlord interfering. So in this case, The chief has been warned but stubbornly didnt give in to pay his rent... He was thrown out... No lele! End of discussion... The landlord should nt be held responsible for anything... This kindda thing happens alot in my area... They will even throw ur property outside when itz raining... They dnt care if ur tv gets spoilt. To before warn is to before harm... Abi no be so dem talk am?

Lol..sisterly

Isn't the court supposed to give such order before it can be carried out? You don't just eject someone by force.

Bookmarked! My larinloodu in trouble.

He does nt have the right,he doesnt ve the right to arrest me so far i dnt breach any trust or contract

Good piece, but the landlord lost d case because d eviction was not done in d presence of d tenant. He should have used d police to carry out d eviction and in the presence of the tenant. Many tenants disdays are just troublesome.

Sm1 shuld tribalise dis thread 4 me b4 i baf finish

Brymo: There was atyme we were in skul,we were about to go for I.T,an its a total waste to pay for a yr,we wufnt,b around for lk 7months,xo we went 2 our landlady,n xplain she said,lai lai,we must pay for a yr,we said we dont av,she said we r goin 2 pay dearly,we continue 2 dwell,all of a sudden,after 1 wk,she came n lock our kaya,lets pack our kaya na,tori olorun,she said nope,after some tyme she pack our tins n trew its away,b4 dats wat we want,but mehn he no end for dere!

Can someone help translate this pile of blunder to proper English language.
Is it that you can't type proper English words?
Is it that you can't spell?
Tomorrow you'll brag of being a graduate.
Can you read and comprehend what you've written?