Nigerian Law School
Yenagoa Campus
2022/2023 Backlog Session
Civil Litigation Department
Recovery of Premises
Pre-class Tasks
12 Septemeber 2023
Submission Instructions:
1) Each student must INDIVIDUALLY consider all tasks, and submit a hard copy (HAND-WRITTEN
IN LEGIBLE HANDWRITING, or type-written) To the Class Rep) not later than 9.00am on
Tuesday, 12 September 2023.
2) The name and reg number of each studentmust appear on the copy of the Individual Tasks the
submitted by the student.
3) Please note, for emphasis` sake, that non submission will be viewed as disobedience of lawful
instructions, and will attract sanctions
Question One
Chief Olowo is the landlord of Onwambe lodge consisting of 6 flats of 4 bedrooms each. Mr. Dauda
Kareem is a tenant in respect of one of the flats, known as Flat 4. The tenancy agreement signed by
Chief Olowo and Mr. Kareem, were in three copies, and provided that the tenancy shall be a yearly
tenancy commencing on March 01, 2016, at a rent of N500, 000 per annum. After paying rent for the
first two years in 2017 and 2018, Mr Kareem refused to pay further rents, although still remaining in
possession of the house till date. Chief Olowo has now briefed you to take necessary steps for the
purpose of recovering possession from Kareem through an action in court.
(a) Set out the steps you will take to actualize the instruction of Chief Olowo.
Answer:
Get written authority from the landlord
Serve a notice to quit on the tenant to terminate tenancy
Serve a 7days notice of owner's intention to recover possession from occupier
Commencement of proceedings at the appropriate court.
(b) Draft the notice to quit and the Notice of Owner`s Intention to Apply to court to recover
possession you would need to serve on Mr. Kareem to determine his tenancy.
(c) Mention the various grounds for recovery of premises in each of Lagos and Abuja
Answer:
Arrears of rent
Breach of any covenant or agreement
Substantial repair of property
Where the property is being used for immoral or illegal purpose
Where the premises is abandoned
Where the premises is unsafe to human life
Public interest
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(d) What is the legal effect of Chief Olowo instituting an action for the recovery of the demised
premises just two days after the date he served on Mr. Kareem the Notice of Owner`s
Intention to Apply to court to recover possession?
Answer:
Any action instituteed before the expiration of the 7days notice to recover the possession is
invalid. Lasaki v. Debiam However if the matter is not heard before the expiration of the
7days notice them it will be valid. Iheanacho v. Uzochukwu
(e) Can Chief Olowo tender her own copy of the agreement as primary evidence in this case?
Yes
(f) Assuming Chief Olowo intends to tender a photocopy of the notice to quit served on
Kareem, the original of which is with Kareem, what proper foundation must Chief Olowo
lay?
Answer:
Counsel : in paragraph 4 of your witness statement on oath, you made mention of a notice
to quit? Yes my Lord
Counsel: where is the document? It's with my lawyer
Counsel: if you see it will you recognize it? Yes
Counsel: How? With my signature
Counsel: Is this the document you are referring to? Yes
Counsel: where is the original? The original is with the defendant and I have already
notified him to produce the original but he has refused to do so.
Counsel: my lord, we seek to tender this document in evidence as our exhibit in this case.
(g) After accepting Chief Olowo’s brief, under what circumstances can you withdraw from such
brief. And state the duties you owe Chief Olowo after withdrawal.
Answer:
Conflict of interest
Non payment of professional fees
Where you find out that you will be a witness in the case
Where the client insist on doing things not within the bounds of law
Where the client neglects your advise and insist on instituting frivolous action in court.
Rule 21 of RPC
Duties to chief olowo
Dutity to inform him on time of the withdraw to enable him get another counsel
Duty to return all documents to the client
Duty to return unearned fee
Question Two
(a) Chief Adisa Kosoko let out his 3 bedroom apartment at No. 10 Kosoko Street, Ikeja, Lagos, to
Bode Daniel at N600,000 per annum. Bode paid 2 years rent in advance, to cover the period of
January 1, 2009 to December 31, 2010. Since then, he has not paid any further rent inspite of
his many promises to pay. A clause in the tenancy agreement executed by Chief Kosoko and
Bode stipulates that the premises is for residential use only but Bode has converted part of the
apartment into a Business Centre and Ýahoo Yahoo Boys’visit it daily. Recently, some
operatives of Economic and Financial Crimes Commission (EFCC) swooped down on Bode’s
apartment to effect arrest of the Ýahooo Yahoo Boys’following a tip off by other occupants of
the premises. Chief Kosoko has consulted your law firm to eject Bode from the premises.
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Answer the following question:
(i) Assuming that bode is an employee of Chief Kosoko, occupying the employer’s premises
as an incentive, at a highly subsidized rent and his employment has been terminated,
will it make any different to your answer in (a) above
Answer
No.
(ii) Draft a Notice to Quit to terminate Bode’s tenancy.
(iii) Assuming it becomes necessary to file an action:
(A) In which court will you commence the action? Magistrate court of Lagos state
(B) Assuming that one of the reliefs claimed by you for and on behalf of your
client is’mesne profit’, state the particular date when it shall begin to run and
the basis for its calculation? It shall begin to run after the tenancy has been terminated
and the basis for calculation is the current market value price of the property
(iv)What if Bode contends at the hearing that he has no alternative accommodation and so
Chief Kosoko is not entitled to recover possession, what will be your reaction?
Answer:
Alternative accomodations is not a ground to stop the landlord from recovering
possession. However the court will give reasonable time for the tenant to find
alternative accomodations.
(v) Assuming that this case was assigned to Kunle, a junior Counsel in your law firm who is
first cousin to Bode, Comment on its propriety or otherwise
Answer:
It will result in conflict of interest and as such kunle is not meant to accept it.
However full disclosure must be made first to the client and where there consent is
gotten, then kunle can continue to handle the brief. If not, he should withdraw from
handling it. Rule 17 of RPC
Question Three
C.C. Uji is the Solicitor managing the residential property of Chief Benson located at No. 4 Ring Road
Lagos made up of six (6) bedroom duplex. C.C. Uji rented a 4-bedroom duplex to James peters for
N9millon per annum on 1st January 2007. James paid rent for two years and since then has not paid
again. Sometime in February 2011 C.C. Uji was notified by other tenants in the property that James
Peters has turned his apartment into a party house were loud music boomed from giant speakers
every night to the annoyance of other tenants and the neighborhood. This attitude coupled with the
fact that James Peters is in arrears of rent irked C.C. Uji who issued him a six-month quit notice served
on James on 26 June 2011 to expire on 31 December 2011. The notice was served by the Secretary to
C.C. Uji Law firm who after several attempts to serve James personal failed, decided to paste the
notice on the entrance to James Peter’s apartment.
Answer the following questions.
a) Assuming during trial at the Lagos Magistrate Court, James Peters raised the following
objections to the Jurisdiction of the Court, write a short legal opinion on the objection.
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(i) That C.C. Uji did not get a written authority from Chief Ojo Benson before issuing
the quit notice.
(ii) That the claim of the claimant is for total of N18million and as such the court lacked
Jurisdiction to hear the suit.
(iii) That the service of the quit notice was defective and invalid not having been served
by a bailiff of court personally on James Peters.
b) Assuming C.C. Uji has a power of Attorney executed in his favour by Chief Ojo Benson to
manage the property, recover possession from tenants and other incident matters, who
will be the proper parties in the suit against James Peters to recover possession. Draft the
parties heading on the plaint.
c) Chief Ojo Benson pays C.C. annually a fixed amount for managing his property including
handling cases in court. Examine the ethical consideration in C.C. Uji’s mode of
remuneration.
d) Assuming that based on a petition to the police, an IPO in the Police station had
investigated the report of nuisance by the loud speakers of the defendant and written a
report, how would the plaintiff’s lawyer be able to tender the IPO’s report in the Magistrate
Court?
THE END
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