UDALE V. AGBONIKA (2024) 12 NWLR (PT. 1953) 397 SC
ON MEANING OF CUSTOMARY TENANCY
A customary tenancy involves the transfer of an interest in land from the customary landlord or overlord to the customary tenant, and which interest entitles the customary tenant to exclusive possession of the land and, subject to good behaviour, he holds in perpetuity. [Akinbade v. Babatunde (2018)7 NWLR (Pt. 1618) 366; Dashi v. Sat long (2009) 5NWLR (Pt. 1134) 281; Lasisi v. Tubi (1974) 12 SC 71; Ejeanalonye v. Omabuike (1974) 1 All NLR 295 referred to.] (Pp. 422-423, paras. H-B).
UDALE V. AGBONIKA (2024) 12 NWLR (PT. 1953) 397 SC
ON FEATURES OF CUSTOMARY TENANCY
The most important and widely recognized incident of customary tenancy is the recognition and acknowledgement of the landlord or overlord by the customary tenant. In other words, the customary tenant has a duty not to deny the title of his overlord. Another incident of customary tenancy is the payment of the tributes by the customary tenant to his landlord. Payment of tributes can be waived or overlooked by overlord, but non-payment of tributes by itself is not inconsistent with ownership of the landlord. Hence, the payment of tributes is not a condition precedent to the creation of customary tenancy. It is the circumstances surrounding the nonpayment that will determine if the tenant has denied his landlord’s title. Thus, what is of utmost importance in customary tenancy is the recognition of the title of the landlord. [Akinbade v. Babatunde (2018) 7 NWLR (Pt. 1618)366; Akinlagun v. Oshoboja (2006) 12 NWLR (Pt.993) 60; Okpala v. Okpu (2003) 5 NWLR (Pt. 812)183; Abimbola v. Abatan (2001) 9 NWLR (Pt. 717)66; Makinde v. Akinwale (2000) 2 NWLR (Pt. 645)435 referred to. ] (P. 423, paras. B-E).
UDALE V. AGBONIKA (2024) 12 NWLR (PT. 1953) 397 SC
ON NATURE AND INCIDENCE OF FORFEITURE OF CUSTOMARY TENANCY
Customary tenancy does not connote absolute transfer of the interests of the landlord to the tenant. Grant of land under a customary tenancy arrangement is not an absolute grant as the customary tenant may still be liable to forfeiture if he misconducts himself. Forfeiture is the mode of determining customary tenancy. In a general sense, forfeiture means the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform a duty. In relation to customary tenancy, forfeiture refers to the punishment fixed by law to certain acts of misconduct by the customary tenant, whereby he loses all his interest in the land and same reverts to the landlord or overlord. [Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60 referred to.] (Pp. 423-424, paras. G-A).
IGIRIOGU V. SHARON PROPERTIES LTD. (2025) 5 NWLR (PT. 1984) 615
ON CLASSES OF TENANCIES
A tenancy may be contractual, statutory or a tenancy at sufferance. A contractual tenancy is an agreement that may be written or oral. A statutory tenancy is one created by statute for the benefit of the tenant and does not depend on the will or acceptance of the landlord or the existence of any contractual agreement. A tenancy at sufferance arises from an initial lawful occupation or possession either by contractual tenancy or licence given by the owner or person entitled to the right to occupy the premises when the tenancy expires and the tenant or licencee holds over possession. In the instant case, the relationship between the appellant and the 1st respondent was that of landlord and tenant. It was not in dispute between the parties that the tenancy was contractual and that the agreement was in writing. [Dickson v. Assamudo (2013) LPELR20416; A.P. v. Owodunni (1991) 8 NWLR (Pt. 210)391; Pan Asian African Co. Ltd. v. N.I.C.O.N. (1982) 9SC 1 referred to.] (Pp. 638, para. F; 639, paras. A-C).