Overview
Recovery of premises in Nigeria is governed mainly by the Recovery of Premises Act 1945, the equivalent laws in each state, and the subsidiary legislation made under them. The courts have also built up a substantial body of case law on the subject. The leading authority is Iheanacho v Uzochukwu, where the Supreme Court set out the procedure landlords must follow.
Under that procedure, where a tenancy has not expired, the landlord must first serve the tenant with the appropriate notice to quit. This is followed by a seven-day notice of intention to apply to court to recover possession. If the tenant is still in occupation after both notices, the landlord may then file an action in court. This has been the settled approach, subject only to minor variations in state statutes.
In 2022, however, the Court of Appeal took a different turn in Bankole & Anor v Oladitan. The decision appears to depart from the Supreme Court's position on the service and effect of statutory notices in recovery of premises. It has sparked considerable debate. This article examines the implications of that decision, along with other related issues of legal significance.
