An Evaluation of Forfeiture Rule under Customary Tenancy: Has the Last Word Been Spoken By the Nigerian Courts?

Abstract

The purpose of this article is to provide an overview of the forfeiture rule under customary tenancy in Nigeria. The Rule is to the effect that a customary tenant who alienates or attempts to alienate the land in his possession to a stranger, without reference to his overlord, may have his interest forfeited. Forfeiture is the most common way in which a customary tenancy would come to an end. A breach by the tenant of any of his obligations can give rise to forfeiture. Forfeiture is the loss of a tenant's land occupation or possessory rights to his landlord as a result of a breach of tenancy obligations. A breach by the tenant of any of his obligations can give rise to forfeiture. The breach of obligation by the tenant may occur in any of these ways: alienation without the grantor’s consent, refusal to pay rent or tributes, using the land for a different purpose, denial of the landlord’s title, or misconduct. In this article, the writer shall examine the meaning of forfeiture, the machinery for forfeiture, the enforcement of forfeiture, relief from forfeiture, and the attitude of the courts in forfeiture cases, with a concluding remark and suggestions for reform of the law as regard forfeiture rule in Nigeria.