By C.K. Anyanwu, Ll.M., Goodnews C. Nnadozie, Esq., Isreal Maduka, Esq., C.K. Ezeaku, Esq., Deborah Azivudu, Esq.
Introduction
It is pertinent to note that disagreements between landlords and tenants have become rampant in Nigeria. Most times, these disputes revolve around unpaid rent, arbitrary rent increase, or landlords trying to recover possession of their properties. When relationships turn sour, the natural instinct for many property owners is to force the tenant out by locking the doors, removing the roof, or involving the police. However, under Nigerian law, it is not so. The law strictly frowns at self-help. Whether you own a multi-million-naira duplex in the most expensive city or a one-room apartment in a remote area of Lagos, Abia, Abuja, etc., there is a clear-cut legal procedure that must be followed to evict a tenant lawfully. This research examines the legal framework governing the landlord/tenant relationship in Nigeria. It explains the legal meaning of common property terms, the courts with jurisdiction to entertain tenancy disputes, and further highlights the proper steps landlords must take to recover their property without falling short of the law.
A)DEFINITION OF TERMS
i)Rent
In TANNOUS v. KIRPALANI & ANOR(1968) LPELR-25509(SC) the court held:
According to Section 2 of the Rent Restriction Act, ‘rent’ includes any sum paid as rent or hire for the use of furniture where the premises are let furnished or where premises are let and the furniture therein is hired by the landlord to the tenant and also, in the absence of any agreement to the contrary, any sum paid in respect of electric light and conservancy charges: Provided that this definition shall not include any agreement for the letting or hiring of furnished rooms with board.” Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC (Pp 6 – 7 Paras D – A)
ii)Landlord
In MARAM & ANOR v. BOKKOS LOCAL GOVT COUNCIL(2022) LPELR-58274(CA), the term ‘landlord’ was defined as follows:
‘A landlord is someone who rents a room, building or piece of land to someone else. See Blacks Law Dictionary 10th Edition.” Per JAMES SHEHU ABIRIYI, JCA (Pp 30 – 30 Paras F – F)
iii) Tenant
In MARAM & ANOR v. BOKKOS LOCAL GOVT COUNCIL(2022) LPELR-58274(CA), court defined tenant as follows:
‘Section 2 (1) of Recovery of Premises Act Cap. 193 defines the word “tenant” to include any person occupying premises whether on payment of rent or otherwise but does not include a person occupying premises under a bonafide claim to be the owner of the premises. See SOBAMOWO V. FEDERAL PUBLIC TRUSTEE (1970) LPELR – 3078 (SC), ABEKE V. ODUNSI & ANOR (2013) LPELR – 20640 (SC) and PAN ASIAN AFRICAN CO LTD V. NICON (1982) LPELR – 2898 (SC).” Per MONICA BOLNA’AN DONGBAN-MENSEM, JCA (Pp 14 – 14 Paras A – D)
iv) Sublet
In A. Y. OIL & PETROCHEMICAL LTD & ANOR v. ETERNA PLC(2023) LPELR-60709(CA), the court defined ‘sublet’ as follows:
By the Oxford Advanced English Dictionary, ‘sublet’ simply means “to rent to somebody else all or part of a property that you rent from the owner.”
v) Notice to quit
As Black’s Law Dictionary defines ‘Notice to Quit’ as a Landlord’s written notice demanding that a tenant surrender and vacate the leased property, thereby terminating the tenancy relationship between them.
It can also be defined as an express unequivocal notification by the landlord that he desires the tenancy to be determined. See GARNER, B.A. ED., BLACK’S LAW DICTIONARY (8 TH ED. THOMAS WEST, 2004) AT 1093.” Per ADEOTI IBIRONKE BANJOKO, JCA (Pp 26 – 27 Paras F – A)
See: ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD(2025) LPELR-80309(CA)
B) LEGAL FRAMEWORK FOR RECOVERY OF PREMISES
In Nigeria, one of the essential requirements for a valid lease is exclusive possession, that is, the lessee must be in total possession of the leased (rented) property to the exclusion of the Landlord, except where the tenancy agreement provides that the landlord may enter the premises to assess damages on the property or to repair damaged parts of the property.
However, the right of exclusive possession as stated above is not paramount. Certain circumstances may warrant the lessor who is the Landlord to recover and take possession of the leased property. Where a tenant breaches a fundamental term in the tenancy agreement, the Landlord may apply to the Court to recover the premises from the tenant.
An application to the Court is necessary because, for unlawful eviction, the landlord can be sued for damages. In Ihenacho. v. Uzochukwu (1997) 1 SCNJ 117 at 284, the Supreme Court of Nigeria held that _“resort to self-help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass”._
A landlord seeking to recover possession of his premises before the expiration of the tenancy (effluxion of time) is obliged to issue a notice to quit. The notice stipulates a period within which the tenant must quit possession of the premises. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by statute.
Tenancy laws have been enacted in various states in Nigeria. This article, however, focuses on the tenancy laws of Abuja and Lagos.
C) JURISDICTION OF COURTS IN RECOVERY PREMISES
The jurisdiction of Courts in matters of recovery of premises is dependent on the annual rental value of the property.
In Abuja, where the rental value is 5 million or below, the Court with Jurisdiction is the District Court. Where the rental value is above 5 million, the High Court of the Federal Capital Territory assumes jurisdiction.
In Abia State where the rental value is 3 million or below, the Court with Jurisdiction is the Magistrate Court. Where the rental value is above 3 million, the High Court will assume jurisdiction.
In Lagos, where the rental value is below 10 million, the Magistrate Court is the proper Court with jurisdiction to entertain the suit. Where the amount claimed is 5 million, the action can be instituted in the Small Claims Court. Where the rental value is above 10 million, the proper Court with jurisdiction will be the High Court of Lagos State.
On Jurisdiction of customary court in matters relating to recovery of premises –
Section 142(1) of Landlords and Tenants Law of Anambra State specifically excludes Customary Courts from having jurisdiction over matters relating to recovery of premises. The court having jurisdiction in such matters are the High Court and Magistrate’s court, and does not include a customary court. (P. 547, paras. D-E).
See: Nzegwu v. Omata (1999) 2 NWLR (Pt. 592) 537 C.A.
However, Pursuant to the Rent Control and Recovery of Residential Premises (Amendment) Edict No. 6 of 1985 and Customary Courts (Amendment) Edict No. 5 of 1985 of Bendel State applicable to Edo State, jurisdiction over Rent Tribunal matters have been transferred to the Area Customary Courts. (Pp. 61, paras. F-G; 62, para. E)
See: Erhunmunse v. Ehanire (1998) 10 NWLR (Pt. 568) 53 C.A.
D) GROUNDS FOR RECOVERY OF PREMISES
A landlord seeking to recover his premises may rely on all or any of the following grounds;
a)Where the tenant breaches any of the covenants/terms of the tenancy agreement,
b)Where the tenant fails to pay rent and is in arrears of rent, where the rent period has expired (Effluxion of time),
c)Where the tenant is constituting a nuisance or misusing the premises, or for an illegal purpose
d)Where the premises require immediate repair,
e)Where the premises have become uninhabitable,
f)Where the Landlord requires the premises for his personal use and there are no alternatives.
What the landlord must prove to evict a tenant
1) That there was a valid tenancy or occupation relationship.
2) That the tenancy has legally expired or been terminated by notice (e.g., quit notice and notice of owner’s intention to recover possession).
3) That all procedural requirements of the Recovery of Premises Act were followed before approaching the court.
If any of these steps are omitted, the court will not grant possession to the landlord.
Reasons for Recovery of Possession
By virtue of the Rent Control and Recovery of Residential Premises Edict No. 9 of 1976 of Lagos State (as amended) both Magistrate and High Courts have jurisdiction to entertain cases of recovery or eviction of any tenant from any premises under certain conditions if the premises are reasonably required by the landlord for occupation for: (a)himself; or (b)any son or daughter of his over 18 years of age; or (c)his father or mother. (Pp. 265, paras. F-H; 270, paras. C-D) Per IGUH, J.S.C. at pages 270-271, paras.
See: Coker v. Adetayo (1996) 6 NWLR (Pt. 454) 258 C.A.
E) LANDLORD AND TENANT RELATIONSHIP
In TANNOUS v. KIRPALANI & ANOR (1968) LPELR-25509(SC), the Supreme Court highlighted the statutory definition of rent under Section 2 of the Rent Restriction Act.
Rent refers to any sum paid for the use of a property. It includes:
Payments made for hiring furniture when a property is let furnished or when furniture is hired separately by the landlord to the tenant.
Payments for electricity and conservancy charges (unless the parties agreed otherwise).
However, it explicitly excludes agreements for letting furnished rooms that come with board (meals).
How a Tenancy Relationship is Created
A tenancy relationship is created through an agreement between the landlord the owner of the property and the tenant the person who wants to occupy it. This relationship is governed by the terms both parties agree upon, which can be expressed in writing or verbally.
Once an agreement is reduced to writing, both parties are strictly bound by the written terms. Neither the landlord nor the tenant can claim or introduce any term not included in the agreement to alter what was formally agreed upon. This is the decision of the court as stated in IGIRIOGU v. SHARON PROPERTIES LTD & ORS (2024) LPELR-82562(SC); Adetoun Oladeji (Nig.) Ltd. v. Nigerian Breweries Plc (2007) LPELR-160(SC); B.O. Lewis v. United Bank for Africa Plc (2016) LPELR-40661(SC)).
The Nature of the Landlord-Tenant Relationship
The relationship between a landlord and a tenant is essentially one of owner and occupier. See: ESSIEN v. NYOT & ORS (2025) LPELR-80967(CA); Archibong v. Ita (2004) 2 NWLR (Pt. 858) 590 SC). The landlord keeps legal ownership of the property, while the tenant gains the right to use and occupy it, provided they pay rent and maintain good behaviour.
Under Section 170 of the Evidence Act 2011, a tenant who has taken possession of a property is legally stopped (estopped) from turning around to deny that their landlord had a valid title to the property at the time the tenancy began (Mrs. Deborah Joseph & Ors. v. Joseph Asele & Anor. (2021) LPELR-56387 (CA).
Can a Landlord Unilaterally Increase Rent?
A landlord does not have the power to unilaterally increase rent. See: CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS (2024) LPELR-62333(CA).
Tenancy is a contract, any change to the rent payable requires the agreement of both parties. A landlord cannot unilaterally alter the terms of the tenancy. As established in Cobra Ltd v. Omole Estate and Investment Ltd (2000) 1 NWLR (Pt. 655) 1 (following Udih v. Izedonmwen (1990) 2 NWLR (Pt. 132) 357 at 366), unless the landlord and tenant are ad idem (in complete agreement), a unilateral rent increase is legally ineffective (Jovinco Nigeria Ltd & Anor v. Ibeozimako (2014) LPELR-23599 (CA).
What a Tenant Should Do When Rejecting a Rent Increase
If a landlord issues a notice of rent increase and the tenant disagrees with same, the tenant must formally communicate their objection immediately upon receiving the notice (CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS (2024) LPELR-62333(CA)).
A tenant cannot simply ignore several notices of increase, remain silent, pay rent later, and then claim in court that they never agreed to the hike. Silence and ignoring the notices will be viewed by the court as accepting the increase (acquiescence), and preventing the tenant from challenging it later.
Legal Remedies Available to Tenants Against Arbitrary Rent Increase
Where there has been an arbitrary increase in the payment of rent by a landlord without prior consultation with the tenant, such a tenant is allowed by law to approach the courts for redress. By the express provisions of Section 37(1) of the Lagos State Tenancy Law of 2011, every tenant is entitled to apply to the court for a declaration that the rent so increased is unreasonable. What this means is that this law created an obligation on a landlord to serve a notice on the tenant, propose an increase of rent to him, and reach an agreement. If the tenant thinks that this increase is not in order, refuge may be sought from the court by declaration against the invalidity of the increase.
Rent Negotiation Process
The landlord cannot arbitrarily increase rent based on his whim or circumstance without going through the due process of law. This involves serving a notice on the tenant, discussing and determining the terms of increase with him/her. There must be express approval on the part of the tenant of the new rent. A unilateral act of rent increase by a landlord is immediately contestable by the tenant.
The Legality of Rent Increments
In ‘Udih vs. Izedonmwen (1990) 2 NWLR (Pt. 132) 357’, the court was faced with a situation where the landlord increased rent from ₦50 to ₦500 without the tenant agreeing. The court held that whatever unilateral increase of this type can only amount to an offer, which the tenant is free to accept or reject, and that upon rejection by him, the landlord must either go back to the original terms or determine the tenancy in accordance with the law.
This was further reinforced in Jovinco Nigeria Ltd & Anor v Ibeozimako (2014) LPELR-23599(CA), wherein it was again said that increase of rent is an offer which the tenant is at liberty to accept or reject.
Re-Letting Property to a Prospective Higher-Paying Tenant
A landlord is legally entitled to let their property to a prospective tenant who is willing to pay higher rent (ADIMEGWU v. BALA & ANOR (2022) LPELR-57442(CA)).
However, if there is a sitting tenant, the landlord must first lawfully bring the existing tenancy to an end in line with the tenancy agreement and relevant statutory procedures. A sitting tenant cannot dictate to the landlord who they should rent their property to.
Can Money Spent on Repairs Be Converted to Rent?
Rent is an independent contractual payment made strictly for the use of the property (BOCAS NIGERIA LTD v. WEMABOD ESTATES LTD (2016) LPELR-40193(CA); Oduye v. Nigeria Airways Ltd (1987) 2 NWLR (Pt. 55) 126; Olaniyan v. Shokunbi (1997) 6 NWLR (Pt. 509) 447).
A tenant’s duty to pay rent is separate from the landlord’s duty to carry out repairs (Oke v. Salako (1972) 11 CCHCJ 88; Lee-Parker v. Izzet [1991] 3 All ER 1097). Even if a landlord neglects their repairing obligation, a tenant cannot go on a “rent strike” or convert their repair expenses into rent on their own. Unless the tenancy agreement expressly allows repair costs to be offset against rent, any money spent on repairs stands separately and cannot replace rent.
Can a Landlord Seize a Tenant’s Property or Exercise a Lien for Unpaid Rent?
Preventing a tenant from collecting their personal belongings or seizing their goods over unpaid rent or mesne profits constitutes self-help, and thus unlawful (OSSAI v. WAKWA (2006) 4 NWLR (Pt. 909) 208 SC).
Landlords cannot take the law into their own hands. The proper process requires serving necessary court summons to recover possession and arrears. A court will declare any unilateral claim of a lien over a tenant’s property illegal, null, and void, and will order the immediate release of the seized property (NATIONAL SALT CO. OF NIG. LTD v. INNIS – PALMER (1992) 1 NWLR (Pt. 218) P. 422). Self-help has no legal place in a democratic society governed by the rule of law.
When Does a Tenant Become a Trespasser?
A tenant becomes a trespasser the moment his tenancy agreement expires or lawfully terminated by a valid notice to quit, yet refuses to vacate the property (CHUKWUGOZIRI v. IGWILO (2017) LPELR-42841(CA)).
Although the tenant’s initial entry into the property was lawful, occupying premises after tenancy has determined amounts trespass (Ajibade v. Pedro (1992) 6 SCNJ (Pt. 1) 44). At that point, the landlord can sue to recover title, possession, and mesne profits (Adegbola v. Obalaja (1978) 2 LRN 164; Lawal v. Ijale (1967) NMLR 155).
A trespassing tenant can never claim or acquire legal ownership of the property (Ojomu v. Ajao (1983) 9 S.C. 22; Onwujuba v. Obienu (1991) 1 SCNJ 40; Ogbechie v. Onochie (1888) 2 SCNJ 170; Fasoro v. Beyioku (1988) 4 SCNJ 23; Balogun v. Dada (1988) 2 SCNJ 104).
Tenants’ Rights To Possession
A tenant (or lessee) of real property under any category whether residential or commercial is protected under the law to hold over possession even after expiration of the lease (or tenancy). The landlord (or lessor) does not have an automatic right to re-enter or recover possession of the property despite any provision inserted by the parties in the contract allowing re-entry into the property by the landlord, upon the expiry of the lease.
Where parties agree in the lease Agreement on the mode of notice to be issued before recovery of possession, same must be complied with; otherwise, the landlord must comply with the requirement to serve on the tenant, all mandatory notices to determine the lease (notice to quit and notice of intention to recover possession), seeking an order of the court to recover possession and evict the tenant from the property.
A tenant holding over after the expiration of its lease is regarded as a statutory tenant and cannot be evicted except by laid down procedures which mandatorily are to be strictly complied with by the landlord. The tenant will, however, be liable to pay rent (mesne profits) for the period spent in the property after the expiration of the lease.
What does a landlord need to do to ensure that a tenant leaves on the date originally agreed?
The parties to the commercial lease agreement can expressly provide for early termination of the term on the conditions agreed upon. The landlord can trigger the termination provision and comply with the agreed requirements and notices as provided in the lease agreement.
The landlord can also terminate a lease where the tenant is in breach of fundamental conditions of the lease agreement including, inability to pay rent, liquidation, assignment to third party without landlord’s consent etc, and where the tenant is unable to remedy within a reasonable period the breaches that can be remedied.
The right of the landlord to an early termination of the lease still does not guarantee that possession will be delivered immediately as the landlord is still obliged under law to give appropriate notices to the tenant and proceed to court to recover possession of the property. The process of evicting a tenant through the court is often tedious and long-drawn depending on the circumstances of the case.
F) PROCEDURES FOR RECOVERY OF PREMISES
In NDUBUISI v. SHOBANDE(2013) LPELR-22770(CA), the court highlighted the procedure for recovery of premises as follows:
_”The issue in contention in this appeal is a very straight forward one and it falls within the narrow ambit of whether there was a proper service of the Notice to quit on the appellant by the Respondent. The position of the law is that in order for a landlord to successfully evict a tenant from the premises he occupies lawfully, he must first be served with the prescribed statutory notice to determine the tenancy. This is what is known as “Notice to Quit”._
i) Notice to Quit
A notice to quit is a process of Court addressed to a known tenant, not a notice at large and not a letter. See Sections 5, 6 and 7 of the Recovery of Premises Law of Rivers State, No. 16 of 1991 which came into force on the 2nd of January, 1992 and rendered as Chapter 109 of 1999.” Per RIDWAN MAIWADA ABDULLAHI, JCA (Pp 38 – 39 Paras F – A)
See: ANYAEHIE & ORS v. ONGOLO & ORS(2022) LPELR-58620(CA).
The period stated in the notice depends on the nature of the tenancy, whether, yearly, quarterly or monthly. It may also depend on the period otherwise agreed by the parties themselves. If the tenant remains on the premises and fails to deliver possession after the expiration of the Notice to quit, the law requires the landlord to issue a further notice termed “Notice to Tenant of owner’s intention to apply to recover possession”. It is commonly referred to as the “7 days notice”.
ii) Seven Days’ Notice of Owner’s Intention
In Muonanu v. Nwaemelu(2021) 3 NWLR (Pt. 1763) 216 C.A., the court stated the need to serve notice of owner’s intention to recover possession in recovery of premises.
Thus, the Rent Control and Recovery of Premises Laws of the different States of Nigeria, such as section 17 of the Rent Control and Recovery of Premises Law of Cross Rivers State, also applicable in Akwa-Ibom State and section 15 of the Rent Control and Recovery of Premises Law of Lagos State 1976 specifically made the provision for service of seven days notice to tenant of owner’s intention to recover possession – Form E. It is only upon service of the statutory notice of owner’s intention to recover possession that section 18 of the Rent Control and Recovery of Premises Law of Lagos State, 1976 permits the landlord to apply for a writ or plaint, called Form F, against the tenant for possession.
It is only after the expiration of the second notice, that is, the 7 days notice, that the landlord can institute an action against the erring tenant for refusing to deliver up possession. See IHEANACHO VS UZOCHUKWU (1997) 2 NWLR (PT 487) 257. In other words, the absence of service of a valid notice to quit or notice of owner’s intention to apply to recover possession, (i.e. statutory notices), the plaintiffs claim for recovery of possession will be deemed not properly constituted and thus incompetent and such claim will be struck out, in which case he is afforded the opportunity to bring a new action after due compliance with the strict requirements of a valid quit notice. See ELEJA VS. BAGUDU (1994) 3 NWLR (PT 334) 534 and SULE VS NIGERIA COTTON BOARD (1985) 2 NWLR (PT 5) 17.” Per SAMUEL CHUKWUDUMEBI OSEJI, JCA (Pp 8 – 9 Paras A – C)
iii)Writ or Plaint against Tenant or Person Refusing to Deliver up Possession
On the expiration of the time stated in the notice of intention to apply to recover
possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting or refusing to deliver up possession. The court or tribunal to which the landlord may apply for the writ must be one that has jurisdiction in the district or division where the premises is lying and situate. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as rent tribunals.
Facts that must be stated in the Writ or Plaint:
The essential facts a writ to commence the process of recovering of possession must contain are as follows;
a)The fact that the Plaintiff is entitled to possession of the premises in question.
b)Brief but accurate description of the premises, including the address.
c)The nature of tenancy and the rent payable, if any. The date of expiration or determination of the tenancy, if by notice.
d)The fact of service of a notice of intention to apply to recover possession, the date and mode of such service.
e)The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint
f)The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
G) STATUS OF NOTICE TO QUIT
A notice to quit is a formal court process addressed to a specific tenant under applicable recovery of premises laws, such as Sections 5, 6, and 7 of the Recovery of Premises Law of Rivers State, rather than an informal letter or general notice. This is the position of the law as held in ANYAEHIE & ORS v. ONGOLO & ORS(2022) LPELR-58620(CA).
Nature and Essential Features of a Statutory Notice to Quit
A valid notice to quit must be clear, certain, and unambiguous (MARTINS & ANOR v. AHMED Suit No: FCT/HC/CV/3974/12). It must clearly state essential details, including:
a)The nature of the tenancy.
b)The exact date the tenancy will terminate.
c)The full names of the parties involved.
Who Can Issue a Notice to Quit
A notice to quit can be issued either by the landlord personally or by their recognized attorney or agent. See: CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS (2024) LPELR-62333(CA); Coker v. Adetayo (1996) 6 NWLR (Pt. 454) 258; Amah v. Ozouli (2011) 5 NWLR (Pt. 1240) 331; Papersack (Nig.) Ltd. v. Odutola (2004) 13 NWLR (Pt. 891) 509 C.A.
In law, a ‘landlord’ includes anyone entitled to the immediate reversion of the property or an agent acting on their behalf. Consequently, an authorized agent has full legal capacity to serve statutory notices.
When a Notice to Quit is Effective
To be legally valid, a notice to quit must expire at the end of the current term of the tenancy. See: AKPOKINIOVO v. AIR LIQUIDE NIG. PLC (2012) LPELR-9582(CA); Omotosho v. Olorode (1988) 4 NWLR (Pt. 37) 225; African Petroleum Ltd. v. Owodunni (1991) 8 NWLR (Pt. 210) 391 SC; Paper Sack Nig. Ltd v. Odutola (2004) 13 NWLR (Pt. 891) 509 C.A..
For example, a six-month notice required to determine a yearly tenancy must align with the end of the running tenancy year. Any notice set to expire mid-term is invalid.
Position of the Law Where There is No Express Agreement on Notice Period
Where parties do not have a written agreement or express term stipulating the length of notice required to end a tenancy, statutory provisions automatically apply. See: AKUDU v. DIMBO(2024) LPELR-62740(CA).
For oral agreements, the terms are questions of fact to be proven in court. In the absence of proof of a specific agreed period, the law imposes the statutory default notice length, such as the one week’s notice required under Section 148(1)(c) of the Anambra State Landlord and Tenant Law 1991 (as revised).
Effect of an Invalid Notice to Quit
Ordinarily, an invalid notice to quit renders an action for the recovery of premises null and void, depriving the trial court of jurisdiction to hear the case. See: DRA CONCEPT INT’L LTD v. OGUNDILE (2025) LPELR-81985(CA).
Whether Service of a Writ of Summons Cures an Irregular Notice to Quit
The Supreme Court fundamentally shifted Nigerian tenancy law from technicalities toward substantial justice in the landmark case of PILLARS (NIG) LTD v. DESBORDES & ANOR (2021) LPELR-55200(SC) (also reported as (2021) 12 NWLR (Pt. 1789) 122).
The Supreme Court held that even if an initial notice to quit is irregular or defective, serving a writ of summons for repossession on the tenant constitutes adequate legal notice. Key principles established under this rule include.
i) The filing and service of a court action for possession gives the tenant sufficient notice that the landlord requires them to surrender the property. Serving the writ cures defects in prior statutory notices.
ii) The notice period begins running from the date the writ of summons is served on the tenant (e.g., six months from service for a yearly tenant).
iii) Tenants can no longer rely on technical errors in quit notices to remain in possession illegally without paying rent or complying with lease terms.
This modern principle was re-affirmed in BANKOLE & ANOR v. OLADITAN (2022) LPELR-56502(CA) and COLVI LTD & ORS v. BACAB PROPERTIES LTD (2023) LPELR-61341(CA). Courts will not invalidate a suit for possession over defective statutory notices where the tenant was duly served with originating court processes and had ample time to yield up possession.
Required Length of Notice to Quit to Determine Tenancy
In determination of tenancy, the agreement between the landlord and tenant always takes priority. Whatever length of notice both parties agreed upon in their tenancy agreement is what applies.
In the absence of an express agreement stating otherwise, statutory provisions step in to dictate the required notice period based on the type of tenancy. See: Odutola v. Papersack (Nig.) Ltd (2006) 18 NWLR (Pt. 1012) 470 S.C.; Chaka v. Messrs Aerobell (Nig.) Ltd (2012) 12 NWLR (Pt. 1314) 296 C.A.; Intl. P. S. Ltd. v. Glover (2002) 7 NWLR (Pt. 765) 124 C.A.
Tenancy at Will or Weekly Tenancy: 1 week’s notice
Monthly Tenancy: 1 month’s notice
Quarterly Tenancy: 1 quarter’s notice (3 months)
Yearly Tenancy: Half a year’s notice (6 months)
Once a tenant refuses or neglects to vacate after the expiration of the term of notice served on him, the landlord or their agent may serve them with a formal written statutory notice of intention to apply to recover possession.
When Recovery of Premises Can Be Made Without Service of Statutory Notices
While statutory notices are standard, there are specific legal exceptions where a landlord is not required to serve a notice to quit before seeking recovery of possession:
a)Non-Payment of Rent (Forfeiture)
Where a tenant fails to pay rent, the landlord has no obligation to serve a quit notice or notice of owner’s intention. See: Olaniyan v. Shokunbi (1997) 6 NWLR (Pt. 509) 447 C.A. After making a formal demand for rent, unless formal demand is exempted by statute or agreement, the landlord can proceed directly to file an action for possession or ejectment to enforce their right of re-entry or forfeiture of the unexpired lease term.
b) Tenant’s Disclaimer of Landlord’s Title
If a tenant denies that the landlord owns the property or claims ownership of the premises for themselves, that denial operates as an automatic waiver of their right to receive a notice to quit. See: Abeke v. Odunsi (2013) 13 NWLR (Pt. 1370) 1 S.C.). A quit notice is only necessary where both parties acknowledge a landlord-tenant relationship. If the tenant denies the tenancy exists, there is no need to serve a notice to end a relationship they claim does not exist.
c) Where tenant is in default of arrears of rent for three months
In CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS(2024) LPELR-62333(CA), the court held:
“It is also a matter of law that the default of payment or arrears of rent for a continuous period of 3 months (in this case over 5 years) amounts to the determination of the tenancy which disentitles the tenant to the statutory Notices, the tenant having by his own act of default ended the tenancy. See NNAJI V. AGAH & ANR. (2021) 2 WRN 157, where this Court per Agube JCA stated; “The law is trite that once a tenant is in default/arrears of payment of rent for a period of three months, the tenancy ceases to exist by operation of law, it creates an exception to the general rule which mandatorily requires the issuance of statutory notices before a landlord can recover possession of his premises…” Per AMINA AUDI WAMBAI, JCA (Pp 28 – 29 Paras D – B).
d)Where there is absence of a relationship between a landlord and tenant
In ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD(2025) LPELR-80309(CA), the court held:
_”It must however be emphasized that a Notice to Quit is only necessary where a landlord-tenant relationship exists. A Landlord-Tenant relationship is a legal relationship between the lessor and lessee of real estate This relationship is contractually created by an agreement for Lease for a period ranging from a week, a month, or on a yearly basis. At the end of the tenancy period, the premises must revert from the tenant to the landlord. Therefore, where there is the absence of a relationship between a landlord and a tenant, there is no entitlement to statutory notices. This is especially the case with squatters and trespassers or where the tenancy has been determined by effluxion of time or where the tenant is in arrears of rent for a period within which he is entitled to notice.” Per ADEBUKUNOLA ADEOTI IBIRONKE BANJOKO, JCA (Pp 27 – 27 Paras B – E)._
e) Where the tenant is no longer in possession
In ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD
(2025)LPELR-80309(CA), the court held:
“The question that then arises is the relevance of challenging the statutory notices when the issue regarding possession is no longer a live matter?” The Appellant has argued that Statutory Notices are required to be served even where the Landlord seeks only to recover Mesne Profits and arrears of rent. It therefore raises an interesting question whether, in a situation where a Tenant vacates the premises after term expiration, but still owes arrears of rent, the landlord would still be required to serve statutory notices before initiating an action to recover mesne profits or rent arrears. It appears that the requirement for statutory notices applies primarily to cases where an order for re-possession is sought, that is, in instances where the tenant continues to hold over the property after the tenancy has expired. It is premised on the above that this Court agrees with Learned Counsel for the Respondent that the question regarding statutory notices being paramount to invoking the jurisdiction of the Court has become a moot point and no longer has any utilitarian value, this Court will not belabor itself to countenance arguments in that regard. Consequently, issue one, regarding the requirement of serving statutory notices has become academic and is hereby dismissed.” Per ADEBUKUNOLA ADEOTI IBIRONKE BANJOKO, JCA (Pp 19 – 20 Paras E – E)
Service of Notice to Quit as a Condition Precedent
As a general rule, properly serving statutory notices, specifically the Notice to Quit and the Notice of Owner’s Intention to Apply to Recover Possession, is a mandatory condition precedent before a landlord can exercise their right to sue for recovery of possession. See:;Iwuagolu v. Azyka (2007) 5 NWLR (Pt. 1028) 613 C.A.; Sovcchi M&F Co. Ltd. v. Alabi (1996) 7 NWLR (Pt. 462) 627).
Without proof that these statutory notices were duly served on the tenant, the landlord’s court action cannot be validly initiated.
Whether a notice to quit served through the secretary of a tenant is valid
In NDUBUISI v. SHOBANDE(2013) LPELR-22770(CA), the court held:
“What is left to be resolved now is whether the service of the Notice to quit on the secretary to the appellant could be deemed proper within the ambit of the law. The law is that where personal service is required for any process, it must be so done. Failing which, it will be rendered invalid especially as it affects Notice to Quit. This is however a peculiar situation. The appellant on whom personal service of the Notice to Quit is to be effected was not met at home. His secretary called him on the phone to say that there was someone with a process to be served on him and he directed the secretary to sign for and collect the process on his behalf. It seems to me by every reasonable standard, that this constitutes nothing less than personal service within the meaning of the law. It would have been a different bail game if he had insisted that he must be served personally or if the Respondent had forcefully dumped it on the said secretary or worse still, if the secretary had signed for and collected it without the instruction of the appellant. In the case of PANACHE COMMUNICATIONS LTD. VS. AIKHOMU (1994) 2 NWLR 420. On the issue whether the service of a writ of summons and statement of claim on the receptionist of a company who eventually hands over the process to the Chief Executive of the company is proper service on the company. This Court per Sulu-Gambari, JCA held as follows: _”The main crux of this appeal and which must be addressed is the interpretation to be placed on what is personal service. The facts that emerge from all the affidavit evidence in this case are that the bailiff took out writ of summons, went to the registered office of the 1st appellant and with three writs of summons to be served, one the 1st appellant, the 2nd on the appellant and the 3rd appellant respectively. He delivered the three writs to the receptionist called Loretta Stephens for onward transmission to the three appellants. Whether or not the receptionist had authority to collect and deliver the process to the appellants should not be a big deal. What is important is that she collected the processes and actually delivered them to the persons to whom they were addressed.” I entirely agree and subscribe to the above postulation as it accords with justice as against sheer technicality. What is more, the instant case seem to be stronger under the circumstances given the fact that the quit notice was collected and signed for by the appellants secretary on his instruction. I therefore hold that the service of the said quit notice on the appellant through his secretary is proper and shall be deemed as personal service.”_ Per SAMUEL CHUKWUDUMEBI OSEJI, JCA (Pp 15 – 17 Paras E – E)
Whether a Purchaser of Property Can Serve a Notice to Quit
A person who buys a property with sitting tenants has full legal standing (locus standi) to issue quit notices to those tenants Chaka v. Messrs Aerobell (Nig.) Ltd. (2012) 12 NWLR (Pt. 1314) 296 C.A.
Because lease covenants run with the property and bind subsequent owners, the new owner steps into the shoes of the landlord as a successor-in-title and holds the legal authority to issue necessary statutory notices.
Procedural Rules and Defenses in Recovery Proceedings
Pleading Non-Service of Statutory Notices:
Non-service of a statutory notice is a statutory defense that a tenant must specifically write out and rely upon in their formal court defense pleadings. See: Duerueburuo v. Nwanedo (2000) 15 NWLR (Pt. 690) 287 C.A.; Nkwi v. Pankshin Local Government (1987) 3 NWLR (Pt. 62) 726; Eze v. Okechukwu (1998) 5 NWLR (Pt. 548) 43).
A tenant cannot challenge the competence of a suit by filing a preliminary objection regarding non-service if they failed to first plead it as a defense in their statement of defense.
What the Defendant Can Raise In his defence
1) Improper Notice: That the landlord failed to serve a valid Quit Notice and Notice of Intention to Recover Possession as required by law. 2) Defective Tenancy Agreement: That the landlord’s claim is invalid because there was no valid tenancy or because the landlord has no title.
3) Equitable Defence: That the tenant has made significant improvements or payments and the landlord is acting in bad faith.
Legal Exceptions to this law
The only major exception is where the occupant occupies the property under a bona fide claim of ownership; for instance, where the occupant honestly believes he owns the property and has evidence to show that. In such a case, he is not a tenant and cannot be evicted under tenancy law, but rather, the issue must be determined under ownership or title dispute in a civil action.
Real-Life Example
In Nnewi, Anambra State, Nigeria, Mr. Nkem’s father rented a small shop from a landlord over 20 years ago. After his father’s death, Mr. Nkem continued using the shop without paying rent regularly. The landlord decided to evict him by force, claiming that the tenancy expired long ago. Mr. Nkem went to court, and the court ruled that he was a statutory tenant under the Recovery of Premises Law, and could not be ejected without due process, that is, without proper quit notice and court order.
Agreement to Accept Shorter Notice Periods
Although statutory notice periods exist to protect tenants, parties are free to negotiate shorter terms. See: Cobra Ltd. v. Omole Estates Inv. Ltd. (2000) 5 NWLR (Pt. 655) 1 C.A.). Where a landlord and tenant explicitly agree in their contract to accept a notice period shorter than what the statute prescribes, that agreed shorter notice is legally valid and binding on both parties.
Position of the law where a notice to quit gives a longer notice than that provided by statute
In COBRA LTD & ORS v. OMOLE ESTATES & INVESTMENT LTD(2000) LPELR-6809(CA), the court held:
“It is clear from the pleadings and evidence on record including Exhibits ‘D’, and ‘H’ – H3′ that the appellant’s rent were payable annually. This fact was conceded by the parties. It is therefore my view that the appellant was a statutory yearly tenant, who is entitled to half a year’s notice. The next question is whether Exhibit ‘B’ could validly determine the tenancy. I hold the view that it could. Notice to quit may be given at any time earlier than the date which will fit in for six months in the case of a yearly tenancy. As it has been stated above the appellant had contended that the notice was defective because it merely fixed the effective date on 31/12/91 which was a date other than 9/12/91 on which the actual current term of the tenancy would expire. I do not hold this view. All the law requires is six months notice. It does not matter that the respondent did not terminate the tenancy on 9/12/91. This will not invalidate the notice. The notice to quit is not short of the required statutory six months notice. The learned counsel for the appellant referred to African Petroleum Ltd v. J. K. Owodunni (1991) 8 NWLR (Pt. 210) 391 in aid of his submission. That case is distinguishable from the instant case. In that case _Exhibit ‘L’ the purported Notice to Quit given by the defendant was held defective in two material respects namely: (i) Instead of giving the tenant a six months’ notice which was necessary to determine a yearly tenancy it gave him only eight days; and (ii) Instead of giving the tenant the notice to terminate the tenancy at the end of the current term of the tenancy, it gave him notice at the middle of the term._ It is not usual for a tenant to accept a notice shorter than that provided by statute though the parties could by agreement accept a shorter notice: See Re. Three Fall (1880) 15 CH.D. 274p. 281 and 282: Allison v. Scargall (1920) 3 K.B. 443.C It is settled that once a valid notice to quit has been served the tenancy is automatically determined at the expiration of the notice See Udih v. Izedonmwen (1990) 2 NWLR (Pt.132) 357. P.366. However, I am of the opinion that where a tenant is given a longer notice than that provided by statute, unless it is shown that the landlord stands to gain by it while the tenant is shown to have been prejudiced, the tenant may find it an uphill task to have such notice invalidated. See Awobiyi & Son v. Igbalaiye Brothers (1965) 1 All NLR 163. In my opinion the notice to quit in the present case complies with the law and is accordingly valid.” Per SULEIMAN GALADIMA, JCA (Pp 12 – 14 Paras A – B)
Effect of failure to give a tenant adequate statutory notice
In ILODUBA & ANOR v. NWOZOR(2015) LPELR-52149(CA), the court held:
“It is settled law that where a statute prescribes that certain pre-action notices to quit must be issued by the Landlord and served on his tenant before he commences an action to recover possession of the premises from the tenant, an action by the landlord for the recovery of the premises without issuing and serving the prescribed pre-action notice to quite on the tenant, is incompetent and the Court will lack the jurisdiction to entertain it. See SULE V. NIG. COTTON BOARD (1985) 2 NWLR (PT 5)117, EKPERE V. AFORIJI (1972) 3 SC 113, ODUTOLA V. PAPER SACK (NIG) LTD (2006) 18 NWLR (PT.1012) 470.” Per EMMANUEL AKOMAYE AGIM, JCA (Pp 20 – 20 Paras C – F).
I) LEGAL STATUS OF ARREARS OF RENT
Rent arrears refer to the amount of money a tenant owes a landlord due to missed or late rent payments (ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD (2025) LPELR-80309(CA) Specifically, it is the exact portion of rent that remains unpaid after its agreed due date has passed. Also, since failure to pay rent can lead to legal action and eviction, rent arrears is legally classified as a priority debt.
Understanding Claims for Arrears of Rent
When a landlord files a court claim specifically for arrears of rent, the law considers the tenant to be in lawful and valid possession of the property. This is the position of the law as held in OTERI HOLDINGS LTD v. HERITAGE BANKING CO. LTD (2020) LPELR-50802(CA)).
In this scenario, the landlord is not challenging the legality of the tenant’s continued occupation. Instead, the landlord accepts that the tenant is legally occupying the premises, but is simply seeking the recovery of unpaid rent accrued during that lawful tenancy.
Difference Between Arrears of Rent and Mesne Profit
The distinction between arrears of rent and mesne profit turns on whether the tenancy is still legally in effect. See: OTERI HOLDINGS LTD v. HERITAGE BANKING CO. LTD (2020) LPELR-50802(CA); Osawaru v. Ezeiruka (1978) LPELR-2791(SC); Ayinke v. Lawal & Ors (1994) 7 NWLR (Pt. 356) 263; Ahmed Debs & Ors v. Cenico Nigeria Ltd (1986) 3 NWLR (Pt. 32) 846; Chemiron (Intl) Ltd v. Stabilini Visinoni Ltd (2018) LPELR-44353(CA).
While arrears of rent applies to the period when the tenancy is subsists and valid. The rent is a fixed liquidated contractual sum, and the tenant is in lawful occupation.
Mesne Profit applies to the period after the tenancy has expired or been terminated. Once the legal term ends and the tenant holds over, the tenant becomes a trespasser or tenant at sufferance. Mesne profit is an unliquidated sum awarded as damages for trespass to compensate the landlord for being kept out of possession. See: Bramwell v. Bramwell (1942) 1 KB 370; Abeke v. Odunsi & Anor (2013) LPELR-20640(SC).
Application in Fixed-Term Tenancies
In a fixed-term tenancy, the agreement automatically ends when the period expires. See: OTERI HOLDINGS LTD v. HERITAGE BANKING CO. LTD (2020) LPELR-50802(CA); Ajayi v. Harry (2014) LPELR-24127(CA); Odutola v. Papersack (Nig) Ltd (2006) 11–12 SC 60; Hilda Josef v. Chief A.S. Adole (2010) LPELR-4367(CA); Nweke v. Ibe (1974) 46 CSLR 54; Onwuaghamba Ezenwa v. Opara Oko & Ors (1999) 14 NWLR (Pt. 637) 95).
Furthermore, since the expiration date is known in advance, the landlord is not required to issue a Notice to Quit. The landlord only needs to serve a 7-Day Notice of Owner’s Intention to Apply to Court to Recover Possession.
During the contractual or renewal period, the landlord can only claim arrears of rent for any unpaid periods, as the tenant’s occupation remains lawful.
After the contractual period ends, If negotiations for a new lease fail and the tenant remains on the property without an agreement, the tenant becomes a trespasser holding over. The landlord is entitled to mesne profit from the expiration date until possession is recovered.
Legal Status of a Tenant Holding Over (Tenant at Sufferance)
When a tenant enters a property lawfully under a valid tenancy but stays after it expires without the landlord’s explicit consent or objection, they become a tenant at sufferance by operation of law. See: CONSOLIDATED TIN MINES LTD & ANOR v. MANGU (2017) LPELR-43297(CA); Ogualaji v. Attorney-General, Rivers State (1997) 6 NWLR (Pt. 508) 209; Okoye v. Dumez (Nig) Ltd (1985) 1 NWLR (Pt. 4) 783; Ude v. Nwara (1993) 2 NWLR (Pt. 278) 638; Obioha v. Dafe (1994) 2 NWLR (Pt. 325) 157; Briggs v. Chief Lands Officer of Rivers State (2005) 12 NWLR (Pt. 938) 59.
A tenancy at sufferance arises automatically by law rather than by express grant. Even though the original contractual tenancy has ended, the occupant retains possessory legal protections against everyone except the landlord. The landlord can only terminate this status and regain possession through formal court action under due process of law.
J) PRINCIPLES GUIDING MESNE PROFIT IN RECOVERY OF POSSESSION
Mesne profit pronounced ‘mean’ profit refers to the intermediate profit or monetary compensation accruing from the date a tenant’s lawful tenancy ends to the actual date they surrender possession back to the landlord. This is the decision of the court in BOLA CHEMISTS LTD v. FAJEMISIN & ORS (2016) LPELR-50722(CA); Abdullahi Umar Bolori v. Emeka Offorke (2010) LPELR-3886(CA); Agbamu v. Ofili (2014) 5 NWLR (Pt. 867) 540).
It only applies once the tenancy has expired or been properly determined and the tenant continues to hold over without the landlord’s consent. Because it is meant to compensate a landlord who is deprived of the use of their property, mesne profit is an exclusive remedy available only to a landlord. If the tenancy has not expired or was not properly terminated, mesne profit cannot be awarded.
How Mesne Profit is Calculated
In AYINKE v. LAWAL & ORS (1994) LPELR-680(SC), the Supreme Court highlighted the fundamental difference between rent and mesne profit; rent is a fixed liquidated sum payable while a tenancy is subsisting, whereas mesne profit is unliquidated and only starts running after the tenancy ends. See: Osarawu v. Ezeiruka (1978) 6–7 SC 135; Ahmed Debs & Ors v. Cenico Nigeria Ltd (1986) 3 NWLR (Pt. 32) 846; Marine & General Assurance Co Ltd v. Rossek & Anor (1986) 2 NWLR (Pt. 25) 750).
Mesne profit is generally assessed based on the fair, real, or open-market annual value of the premises for the period the former tenant wrongfully held over. See: Adebanjo v. Tennessee Nigeria Inc (1974) 2 SC 1.
A landlord is not strictly bound by the rent previously paid under the expired tenancy. These are the ways mesne profit could be calculated.
i) Current Value: If the previous rent reflected the current market value, mesne profit will be assessed at that same rate.
ii) Fluctuating Value: If the property’s market value increased or fell during or after the tenancy, mesne profit will be assessed at that higher or lower current market rate. See: Clifton Securities Ltd v. Huntley (1948) 2 All ER 283.
Effect of a Failed Claim for Recovery of Possession on Mesne Profit
A claim for mesne profit is inextricably linked to the lawful termination of a tenancy. In OGAR v. ILOETOMMA (2015) LPELR-40694(CA), the Court of Appeal confirmed that if a landlord’s claim for possession fails, because the tenancy was not legally or properly determined, the claim for mesne profit must automatically fail as well.
When an Action for Mesne Profit Can Be Maintained Against a Tenant
Until a tenancy is lawfully determined, a tenant remains in legal occupation, paying agreed rent rather than mesne profit. This is the position of the law as held in OGAR v. ILOETOMMA (2015) LPELR-40694(CA); Osawaru v. Ezeiruka (1978) 6–7 SC 91).
There is a critical distinction between a claim for arrears of rent and a claim for mesne profit.
Arrears of Rent covers money owed while the tenancy was still subsisting and lawful. The landlord concedes that the tenant was legally in possession.
Mesne Profit represents damages for trespass after the tenancy has expired or been terminated. By claiming mesne profit, the landlord actively challenges the tenant’s continued occupation, treating them as a trespasser holding over without authority.
An action for mesne profit lies once the tenant’s legal interest has come to an end, after the landlord has recovered possession, or when joined together with a claim for possession (OGAR v. ILOETOMMA (2015) LPELR-40694(CA); Ayinke v. Lawal & Ors (1994) 7 NWLR (Pt. 358) 263; African Petroleum Ltd v. Owodunni (1991) 8 NWLR (Pt. 210) 391; Odutola & Anor v. Papersack (Nig) Ltd (2006) 11–12 SC 60).
Further, in RABIU & ORS v. BAKO & ORS (2026) LPELR-82883(CA), the court reinforced that an action for mesne profit is essentially a special form of trespass action meant to compensate the landlord for all losses sustained while out of possession (Clerk & Lindsell on Torts, 16th Ed., Art. 23-51, pp. 1342–1343).
Under this head of damages, a landlord may claim:
Use and Occupation: This is compensation for the fair net annual value of the use and occupation of the property.
Property Damage: This is physical damage or deterioration on the premises during the period of holding over.
Recovery Costs: This is reasonable costs incurred in regaining possession.
A landlord can join a claim for mesne profit directly with a suit for possession of land without first physically re-entering the land. If brought as a separate action after regaining possession, prior entry is required because the claim remains fundamentally one for trespass. Mesne profit continues to accrue up to the exact date possession is delivered back to the landlord.
CONCLUSION
In a landlord-tenant relationship, the essence of terms of the tenancy agreement and being bound thereto, cannot be overemphasized.
The Nigerian legal system has made clear-cut provisions for the proper procedure to recover premises, and bypassing the laid down processes will be a violation of the law.
Self-help to recover premises is illegal, and trying to forcefully evict a tenant or seize their properties for unpaid rent can only turn a property owner into a trespasser, and liable to pay damages where applicable.
The courts require strict compliance with the service of statutory notices, though recent Supreme Court decisions have gracefully reduced the way tenants use minor defects in these notices to delay eviction.
For tenants, the law is a shield against unlawful harassment, but not a license to occupy a rented property without paying rent or to hold onto such property illegally, having been served a valid notice to quit possession.
Once tenancy is properly determined, unlawful possession makes a “tenant” a trespasser.
Whether a lease or tenancy, the best way to avoid unnecessary conflicts and court process is to execute Tenancy Agreement before tenancy commences, and in the event of disputes, the law requires a landlord to follow the laid-down procedures to recover his premises.
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