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Can Your Landlord Eject You By Force? (part One) - Properties (2) - Nairaland

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Landlord Gets 3-year Jail Term For Evicting Tenant With Force. / How Is Your Landlord Treating You / Can Your Landlord Eject You Without A Written Notice? (2) (3) (4)

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Re: Can Your Landlord Eject You By Force? (part One) by kennytidistar(m): 6:23pm On Dec 09, 2013
either by force or by fire, the house belong to the landlord you must leave. until your government begin to build mortgage homes before you can begin to claim house, is not a day job to own a house in naija. but the landlord self fuckup, he for no interfere again since the case is in court.
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 6:34pm On Dec 09, 2013
Guy! No try am with my landlady o! Na to pay house rent if ASUU resume dey my mind. #JazzTinz na u go take ur hand commot ur stuffs go out.
Re: Can Your Landlord Eject You By Force? (part One) by gabbytabby: 6:38pm On Dec 09, 2013
The way to get round this is to include as part of agreement tenant's responsibility for the cost of eviction if he refuse to give up tenancy peacefully such that he pays all Landlords legal and removal cost if evicted. This means that on the basis of the Landlord's counter claim, any money that the tenant say is missing becomes a cost to landlord against the tenant.

What one Landlord did in my street with a troublesome tenant with means was to seal up(weld) the flat and/or make it un-inhabitable (he looked for a legitimate reason why this was necessary and anytime the tenant comes round (was clearly living elsewhere which was in the same area and just making trouble), the landlord knows about the time he comes home and will get police to stop him for one reason or the other and they will end up giving him some slap for being rude to them. He soon moved on and asked for his things which the landlord insisted he can have access only with court order.
Re: Can Your Landlord Eject You By Force? (part One) by Sermwell(m): 6:42pm On Dec 09, 2013
Xtiansun: 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.
my brother, legally speaking, the police cannot help a landlord eject his tenant except court order is obtained! If the police does so,it is illegal because the police belong to the executive arm of government and cannot usurp the powers of the judiciary!
Re: Can Your Landlord Eject You By Force? (part One) by tonzo(m): 6:59pm On Dec 09, 2013
It all depends on the kind of agreement btw the landlord n tenant.recently,lagos landlords compel new tenants to sign obnoxious agreetment forms.read well b4 signing it or ask a lawyer if u dont understand a particular statement.i bet many people will not read b4 signing.cos house hard to find for lasgidi.
Re: Can Your Landlord Eject You By Force? (part One) by tonzo(m): 7:10pm On Dec 09, 2013
If it is a face me i face u apartment,the landlord is king n kong.if d owner of your apartment is a ferocious cultist or ritualist.bros if he throws u out of your apartment,thank your stars o cos u might endanger ur family.run run r0n
Re: Can Your Landlord Eject You By Force? (part One) by GoodFaith: 7:54pm On Dec 09, 2013
If there was a judgement for the tenant to move before by specific date
If tenant fail to move
You could get the court bailiff to move the tenant things out
I remember my father had a case with his money miss road man
My father had a judgement against his fool
He don't want to paid
My father went to court get the court bailiff
The court bailiff came and want to take his man Mercedes Benz
He paid my father with cash
Miss my father May his soul rest in peace
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 7:54pm On Dec 09, 2013
This may be funny to you, but I don't even know who my landlord is. But in the tenancy agreement issued by the estate agency managing my house, it was clearly written that if i refuse to pay my rent for the year (payment is yearly here).....once it's 6 months, i should jejely park my bag and 'baggages'. So if i don't want to be embarrassed, i will not go against it before them carry police to come lock me up. And whoever my landlord is won't come and do drama at my place if he doesn't want trouble as well.

That's the joy and beauty of doing things properly! Both the tenant and landlord will have peace of mind! It can never go sore when a proper estate agency service is managing your house. A written agreement will never go wrong.

I can not go near houses managed by their owners, it will definitely be a headache.

1 Like

Re: Can Your Landlord Eject You By Force? (part One) by nigerianescorts: 7:59pm On Dec 09, 2013
Forceful ejection is unlawful in nigeria
Re: Can Your Landlord Eject You By Force? (part One) by GoodFaith: 8:01pm On Dec 09, 2013
The landlord can go back to court and file the cost of eviction and court cost
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 8:05pm On Dec 09, 2013
I go threaten am now
Re: Can Your Landlord Eject You By Force? (part One) by Jeffy1206(m): 8:21pm On Dec 09, 2013
Well, the law frowns at resorting to self help... He has lost the case already. If he doesn't trust the court, why did he go in the first place? Anyways if he is a tenant at will he can be ejected but through the law...The self help here is another different case entirely, he will be wasting his time trying to win the case...maybe the damages were too much for him. That may be what he's appealing for grin
Re: Can Your Landlord Eject You By Force? (part One) by fijiano202(m): 8:33pm On Dec 09, 2013
This case should have been solved easily but The owner looks like an ATM MACHINE he keeps wasting money on lawyers by going to court.u just have to arrange 3 policemen 20 area boys/aboki and 2 cameramen with video coverage ,just 40k will do the job.you tell the policemen to to come with handcuffs,you make sure Ewulum is home,they would cuff Ewulum to a pole or gate or their van,the cameramen and photographer will snap and video every corner of the house as evidence for later things then the area boys/aboki will comence the evacuation,they would pack all his belongings out to the tiniest needle in Ewelum presence out to the street,the owner would lock the the house and gate and the policemen would arrest Ewelum for trespassing on another's man property Shikenah problem solved

2 Likes

Re: Can Your Landlord Eject You By Force? (part One) by tashan: 8:34pm On Dec 09, 2013
[quote author=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?[/quot

Wetin you dey talk for mouth? Lawless fellow, Say person build house, everyone who lives in it is a slave smh

1 Like

Re: Can Your Landlord Eject You By Force? (part One) by greggng: 8:39pm On Dec 09, 2013
I don't support the idea of staying in someones house without paying.it is morally wrong. Legally he took the matter to court cos he believed court will give judgement in his favor.however he forgot to understand the right of the accuse to appeal. This is were the landlord got it wrong.he has no right to evict someone when the case is still in court. The supreme court will give judgement that is sufficient in the eyes of the law. But if I am to be the judge, I will look at the moral aspect with a view to reducing the suffering of the already sufered landlord. Ie ask the landlord to pay for damages caused to physical properties and I will treat other claims as the price the tenant had to pay for remaining in an apartment without paying
Re: Can Your Landlord Eject You By Force? (part One) by MrT2011(m): 8:53pm On Dec 09, 2013
[quote author=HomesOfLife]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.

Chief Ewulum! You are the man!!!
Re: Can Your Landlord Eject You By Force? (part One) by Brymo: 9:15pm On Dec 09, 2013
desertboom:

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?








pple can be foolish,and dis guy is 1 of dem,N he is really really filled up wit baloney.cheaP publicity,let me giv u 1.
Re: Can Your Landlord Eject You By Force? (part One) by 4chi: 9:20pm On Dec 09, 2013
Ibo people are tenants from hell. Smart landlords avoid them at all costs. See the morafukin "chief" ewure or whatever he calls himself abusing rules of court and denying a property owner his legitimate rents. Anyway he jam luck say na Proffessor he dey deal with. Try that shit with an ijebu man and you will regret the day you boarded ekene Dili chukwu come Lagos . Imagine the broke ass fool claiming to have thousands in foreign currency when he Is obviously in arrears on his rent.

Go to all the tenant/landlord tribunals in Lagos it's 80% ibo tenants , same with the office of the public defender. So much for the gregarious "owners of Lagos "

2 Likes

Re: Can Your Landlord Eject You By Force? (part One) by iphy42: 9:34pm On Dec 09, 2013
4chi: Ibo people are tenants from hell. Smart landlords avoid them at all costs. See the morafukin "chief" ewure or whatever. He calls himself abusing rules of court and denying a property owner his legitimate rents. Anyway he jam luck say na Proffessor he dey deal with. Try that shit with an ijebu man and you will regret the day you boarded ekene Dili chukwu come Lagos . Imagine the broke ass fool claiming to have thousands in foreign
currency when he Is obviously in arrears on his rent.

Go to all the tenant/landlord tribunals in Lagos it's 80% ibo tenants , same with the office of the public defender. So much for the gregarious "owners of Lagos "




Hit your head on the wall. As if your people can pay the exorbitant rates of houses in Lagos. Thank God for the Igbo man who pay whatever and come to his senses later. Igbos spoilt rentage in Lagos. Go to Okota, satellite town, Alaba international and others and see for yourself.

1 Like

Re: Can Your Landlord Eject You By Force? (part One) by iphy42: 9:42pm On Dec 09, 2013
Those who own houses won't support this judgement but tenant will support it.
It's a two way thing. Some landlords are greedy and want to get back the money they spent on building the house in 2 or 3 years time. Imagine a 30 year old house renting a 2 bedroom flat for 400,000 naira yearly. Did he use up to quarter of that amount to build the house.

I believe a landlord should be considerate as the considerate ones RARELY have problems with their tenants
Re: Can Your Landlord Eject You By Force? (part One) by ifebosco: 10:08pm On Dec 09, 2013
i have some stuborn tenants in my house in okota lagos
Re: Can Your Landlord Eject You By Force? (part One) by ifebosco: 10:16pm On Dec 09, 2013
iphy42: Those who own houses won't support this judgement but tenant will support it.
It's a two way thing. Some landlords are greedy and want to get back the money they spent on building the house in 2 or 3 years time. Imagine a 30 year old house renting a 2 bedroom flat for 400,000 naira yearly. Did he use up to quarter of that amount to build the house.

I believe a landlord should be considerate as the considerate ones RARELY have problems with their tenants
instead of you to call on your goverment to liberalise building matirials, so that contruction will be cheap in the country,or even build social housing to bring down the prices of houses in nigeria,gullible people with lazy mentality ,can´t you use that you energy to call your goverment in order??than attacking people who suffered to build private houses
Re: Can Your Landlord Eject You By Force? (part One) by Revolva(m): 10:35pm On Dec 09, 2013
grin land lords are heartless here imagine.if some one wanna rent a house let start from face me i face you one room..can you imagine...it goes for 150,000 or sometimes 120k..for 3k per month and you ust ay a must of 2 years...after that you must pay an agent and agreement fees..i keep wondering.agreement upon what....
meh Nigeria is hellfire...life is so made hard for ordinary folks here.....na wa ooooo
Re: Can Your Landlord Eject You By Force? (part One) by Beync(f): 10:39pm On Dec 09, 2013
If the eviction is backed by court order and not with some local tout like the landlord in this case did. He will lost again and again and still pay damages.
Re: Can Your Landlord Eject You By Force? (part One) by ifebosco: 10:44pm On Dec 09, 2013
iphy42:




Hit your head on the wall. As if your people can pay the exorbitant rates of houses in Lagos. Thank God for the Igbo man who pay whatever and come to his senses later. Igbos spoilt rentage in Lagos. Go to Okota, satellite town, Alaba international and others and see for yourself.
that is what we call in economics supply and demand,not the igbos as you insinuated.
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 10:59pm On Dec 09, 2013
Landlord and tenant issue, it is not a small issue.
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 11:35pm On Dec 09, 2013
desertboom:

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?








I swear the fin dey give me serious headache as I dey self
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 1:16am On Dec 10, 2013
Landlord for don put calabash from babalowa for tenant doorstep.

He for don pack run comot.
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 5:44am On Dec 10, 2013
oh yes! the landlord can forcefully eject tenant whether the tenant is at home or not. The landlord would go to a customary court and he/she would be given a bailiff to accompany him or her.
Re: Can Your Landlord Eject You By Force? (part One) by Nobody: 5:51am On Dec 10, 2013
4chi: Ibo people are tenants from hell. Smart landlords avoid them at all costs. See the morafukin "chief" ewure or whatever. He calls himself abusing rules of court and denying a property owner his legitimate rents. Anyway he jam luck say na Proffessor he dey deal with. Try that shit with an ijebu man and you will regret the day you boarded ekene Dili chukwu come Lagos . Imagine the broke ass fool claiming to have thousands in foreign currency when he Is obviously in arrears on his rent.

Go to all the tenant/landlord tribunals in Lagos it's 80% ibo tenants , same with the office of the public defender. So much for the gregarious "owners of Lagos "
One of the many reason landlords avoid renting house to igbo is because they sublet properties alot. Some would rent a three bed flat and later sublet 2 rooms. When the landlord realises his property has been given out to someone else, the tenant would claim they are his relations from the village.
Re: Can Your Landlord Eject You By Force? (part One) by sayso: 7:02am On Dec 10, 2013
Our court is so useless and insensible. How can a man claim he has all that money and airline ticket without investigating the crook and to say judgement was given based on that means our lawyers are charge and bail. A man with all that money that refuses to pay his rent or hire one will be punished under a very sound legal system.

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