Ltd. v. CBCL Ltd. (supra); Gov. The case of Odutola v. Papersack (Nig) Ltd (2007) All FWLR PT, 350 p. 1214 has tweaked the legal provision on notices to the advantage of the landlord, necessarily. Over the years, the law relating to the creation and termination of leases and tenancies has acquired certain level of crustation which can only be upset by a deliberate measure and not by default. 1012) p. 470 at 494 paras. The general rule is that if a tenant pays rent during this period, he becomes a periodic tenant, e.g. ODUTOLA & ANR VS PAPERSACK NIG. E-F) - read in context 5. In Adesanoye v Adewole[2006]14 NWLR [Pt.1000] p242 at 260, Justice Tobi (JSC), in the opening paragraph, stated matter-of-factly:“The Osemawe of Ondo Chieftaincy Stool is … In Odutola v. Papersack (Nig.) 350) 1214 at page 1228-9 a tenant in arrears of rent is entitled to be served only a 7 days notice of owner’s intention to apply to recover possession. 891) 509. if he pays a year's rent, then he is a yearly tenant.In Odutola V. Papersack Nig. A-C. 1. - Adesanya V. Olayeni (1999) 2NWLR (pt 592) 558. 1255) 244 at 251, YAKUBU v A. S. CO. LTD [2010] 2 NWLR (PT 1177) at 167 and UMEH v IWU [2008] 8 NWLR (PT.1089) 225 are relied upon. However, where the tenant decides to leave the premises, he may do so by service of intention to quit on the landlord or he may simply move out of the premises. expiration of the current term or in the middle of a current term is invalid. This is an important stage in real estate agency in the sense that no agent is allowed to act unless there has been an agreement between him and his principal in the sense that the property owner gives him an express authority to act on his behalf, this is mostly done in writing as prescribed by the law and there must be acceptance of such appointment by the other party. That on the 21 st of December, 2016 the staff and agents of the Federal Housing Authority from Lugbe office and Asokoro head also S.13 (1) (a) of the Tenancy Law of Lagos state 2011. In Ndaba Nig Ltd v. UBN (2007) NWLR (pt 1040) 439, the Court held thus: ... See UBA v. Tejumola & Sons, Odutola v. Papersack Nigeria Ltd. LIMITATION LAW - LIMITATION PERIOD: Limitation period for bringing an action based on simple contract Generally, it has a life span of few days or as may be permitted by the Rules of Court. The seven days’ notice beginning from Monday 1 February 1993 (and excluding Saturday and Sunday) expired on 9 February 1993. ne could be rushed through for 2015’ •Plateau State Commissioner for Information Mrs … In the case of Olawofoyeku v The Attorney-General of Oyo State (1990) 2 NWLR (Part 132) 357, cited by learned Senior Advocate for the appellants, the Court of Appeal correctly held that where an agreement is intended to be made by several persons jointly, if any of those persons failed to enter into the agreement, there is no contract, and liability is incurred by such of them as have entered … He submitted that this Court can rely on the said admission in arriving at a decision in favour of the Claimant, citing Odutola v papersack (Nig.) 934) 615; Odumosu v. ACB (1976) 11 SC 55; Attornery-General, Oyo State v. Fairlakes Hotel Ltd (1989) 5 NWLR (Pt. (Nig) Ltd v. ADEREMI. (NIG.) Citing the case of Odutola vs. Papersack (Nig.) 297. Marginal Fields in Nigeria evolved from the Petroleum AmendmentAct 1996, which introduced paragraph 16A into the First Schedule tothe Petroleum Act. K. Martins (Nig.) 31 January 1993 was a Sunday. Thus, the defendant was notified that unless possession was surrendered, the plaintiffs would approach the court on 10 February 1993. Papersack (Nig) v Odutola (2004) 13 NWLR (pt. CERTAINTY OF TERMS: The terms of a lease must be certain or ascertainable. Miscellaneous Part Indemnity Clause. Paragraph 16A of the amended Petroleum Act readsas follows: 16A. - Afro-Cont. 3.4 ODUTOLA V. PAPERSACK (NIG.) Thus NIKI TOBI, JSC, reading the judgment of the court, observed; “… Ltd. (1998) 9 NWLR pt. In Odutola v Papersack, the Supreme Court, while not suggesting any particular change in policy, may have drifted away from age-long principles. A and 786 paras. Tenants at Sufferance. LTD. (2006) 18 NWLR (PT. Assoc. Section 79 PCL ... BOSAH V. OJI (2002) 6 NWLR (PT. BILANTE INTL LTD V. N.D.I.C (SUPRA); ODUTOLA V. PAPERSACK (NIG.) The seven days’ notice beginning from Monday 1 February 1993 (and excluding Saturday and Sunday) expired on 9 February 1993. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC, the landlord had permitted the tenant to stay on until 1982 on payment of money as compensation for use and occupation of a warehouse. LTD(2006) 18 NWLR (PT.1012) 470 SC. 36) 281 at 295; Faraje v. Hassan; Odutola v. Papersack (Nig.) LAW RELATING TO MULTIPLE HOUSING UNITS 1.pdf. LTD. (2006) 18 NWLR (PT. DAKOLO v DAKOLO (2011) 46 NSCQR 699; PAPERSACK NIGERIA LTD v ODUTOLA & ANOR [2011] 10 NWLR (PT. ALHAJI J. 1012) PG. Although in Bosah v Oji and Okechukwu v Onuorah the court noted that where the date is … of Prof. Inc (2003) 5 NWLR (pt 813) 303. Although difficulty may be encountered in proving it-Odutola v PaperSack Nig Ltd (2007). "Per WAMBAI, J.C.A. In Odutola V. Papersack Nig. 1012). 891) 509. 121) 255; Gbolade v. Oladejo (1994) 8 NWLR (Pt. In the present case, the parties agreed on the revised contract sum but differed on the mode of payment. Such a notice given to a tenant at will is adequate and valid-ODUTOLA V. PAPERSACK. 40). CERTAINTY OF TERMS: The terms of a lease must be certain or ascertainable. OSHO V. FOREIGN FINANCE CORPORATION AND ANOR ; INT’L TEXTILE IND. LAW RELATING TO MULTIPLE HOUSING UNITS 1.pdf. 891) 509 @ 517 (CA). Ltd (supra), Niki Tobi JSC, stated thus: “…[For] a lease to be valid and enforceable, [it] must contain the following – the parties concerned, the property involved, the term of years, the rent payable, the commencement date, the … (Nig) Ltd v. ADEREMI. Indeed, if the Court in that case intended to apply the existing law on … See Odutola V. Papersack (Nig) Ltd (2006) 18 NWLR pt 1012 page 470, Sona Brew Plc vs. Peters (2005) 1 NWLR pt 908 page 478, Ezenwa vs. Ekong (1999) 11 NWLR pt 625 page 55. NEWS. 31 January 1993 was a Sunday. Citing the case of Odutola vs. Papersack (Nig.) 691) 493 at 509. At completion designation or description of parties changes from vendor and from LAW L6116 at Columbia University D –F thus: “Of course the picture I have painted of the authority of the lawyer in Noteworthy is the fact that, this type of tenancy can be determined, that is, terminated at any time. if he pays a year’s rent, then he is a yearly tenant.In Odutola V. Papersack Nig. - Longe V. First Bank of Nigeria PLC (2010) 6 NWLR (pt 1189) 1 S.C. - Ifegwu V. F.R.N (2001) 13 NWLR (pt 729) 103. Some of the notable cases in which Justice Tobi wrote the leading judgment and brought his great learning to bear are: MOJEKWU v MOJEKWU [1997] 7 NWLR [Pt. In the earlier case of Festus L. Adewunmi v. Plastex Nigeria Ltd. (1986) 3 NWLR (Pt.32) 767 the learned jurist, after reflecting on the authority of counsel at page 784 of the report, continued at pages 785 para. 15 NWLR (pt 844) 469 - Professor Paul Obo Idornigie - - - 1-16 Is The Nigerian Supreme Court’s “Currency” an Assault to the Common Law Principles on Provocation as a Defence to Criminal Liability? PER S. T. HUSAINI, J.C.A. ... Landlords and Tenants Under Nigerian Laws discusses the Odutola v Papersack decision in extenso. NB- The terms in the lease were held ascertainable as they were dependent on future contingencies certain to take place. It also discusses the Tenancy Law 2011 of Lagos State. (Pp. 861) 402 to support his submissions. See also UIC v. Harmond Nig. It is usually granted to last until a named date or in anticipation of a motion on notice which is to be heard on the merits – Odutola v. Lawal (2002) 1 NWLR (Pt. 1012) was marginally treated as a holding over case of a yearly tenancy. ODUTOLA v. PAPERSACK NIG LTD (2006) 18 NWLR (Pt 1012) 470 SC. 565 at p.340. NB- The terms in the lease were held ascertainable as they were dependent on future contingencies certain to take place. In Odutola v. Papersack (Nig.) FACTS. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC, the landlord had permitted the tenant to stay on until 1982 on payment of money as compensation for use and occupation of a warehouse. 265) 1020, (2005) 10 NWLR (Pt. See Harriman V. Harriman (1989) 5 NWLR (Pt. The general rule is that if a tenant pays rent during this period, he becomes a periodic tenant, e.g. In Odutola V. Papersack Nig. ... 2 NWLR (Pt. Ltd. (2006) NWLR (Pt. Ltd V. Co-op. The general rule is that if a tenant pays rent during this period, he becomes a periodic tenant, e.g. It also discusses the Tenancy Law 2011 of Lagos State. itself for enforceability. ESSENTIALS OF A VALID LEASE. Thus a Deed of Lease must contain the habendum. The power of the Court to ward off an abuse of its process is inherent for it to exercise for purpose of maintaining its sanctity and dignity, see Papersack (Nig) Ltd. V. Odutola (2011) 10 NWLR Part 1255 p.244 at 250. On Issue No 4, Learned Senior Advocate submitted that a claim for mesne profit cannot be sustained as … OSHO V. FOREIGN FINANCE CORPORATION AND ANOR ; INT’L TEXTILE IND. Here, the presiding judge (TOBI) held that the 6 months notice given to the tenant even though surplus for a tenant at will is not an issue at all, as seven days notice was adequately given & thus, valid. In Odutola V. Papersack Nig. - Longe V. First Bank of Nigeria PLC (2010) 6 NWLR (pt 1189) 1 S.C. … The government did its bit by mapping out layouts as high density areas for the building of multiple housing units. Ezemba v Iheneme (2004)14 NWLR pt. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC, the landlord had permitted the tenant to stay on until 1982 on payment of money as compensation for use and occupation of a warehouse. LTD. (2006) 12 NWLR (PT. Lagos State v. Ojukwu (1986) 2 NWLR (Pt. Publisher description f PREFACE Multiple housing units emerged out of the need to provide more accommodation on less land. - Texaco Panama Inc. v. Shell P.D.C.N. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC, the landlord had permitted the tenant to stay on until 1982 on payment of money as compensation for use and occupation of a warehouse. Citing the case of Odutola vs. Papersack (Nig.) He placed reliance on the cases of Kotoye v. CBN (1989) 1 NWLR (Pt.98) 419;; Odutola v. Lawal (2003) 1 NWLR (Pt.749) 633;; Unibiz (Nig.) 21 Papersack (Nig) v Odutola (2004) 13 NWLR (pt. Ltd (supra), Niki Tobi JSC, stated thus: “…[For] a lease to be valid and enforceable, [it] must contain the following – the parties concerned, the property involved, the term of years, the rent payable, the commencement date, the … 1. 512] p.283 (in which the Court frowned at, and pronounced as unconstitu­tional any form of societal discrimina­tion on grounds of sex); ODUTOLA v PAPERSACK [2006] NWLR [Pt. First published in 1904, Paget's Law of Banking has established itself as the leading practitioner text on banking law, combining meticulous accuracy and depth with a clear approach to this complex area. - Dr. Peter Ocheme - - - - - - 17-40 Odutola v. Papersack (Nigeria) Ltd: Periodic Tenancy off the Rails Rockonoh Properties Company Ltd (2005) All FWLR (Pt. 119) 6. 14-17, Paras. Ltd. (2000) 4 NWLR (Pt. Ltd (supra), Niki Tobi JSC, stated thus: ... 33) 219 and Bosah v. Oji (2002) 6 NWLR (Pt. 891) 509 @ 517 (CA). In Odutola v. Papersack (Nig.) - Odutola V. Papersack (Nig) Ltd. (2006) 18 NWLR (pt 1012) 470. if he pays a year’s rent, then he is a yearly tenant.In Odutola V. Papersack Nig. Ltd v. CBCL Ltd. (2003) 6 NWLR (Pt.816 (sic. The 1st appellant is the original owner. AJAYI v. HARRY (2014) LPELR ... the legal position of a tenant in a fixed tenancy has been settled by the Supreme Court in the case ODUTOLA v. PAPERSACK SUPRA at page 470 and it was reiterated in the case of HILDA JOSEF v. ... 46 CSLR 54 and ONWUAGHAMBA EZENWA v. OPARA OKO & ORS (1999) 14 NWLR pt 637 95 at 197". f PREFACE Multiple housing units emerged out of the need to provide more accommodation on less land. Ltd (2006) NWLR (Pt.1012) 470 SC. The general rule is that if a tenant pays rent during this period, he becomes a periodic tenant, e.g. A. ODUTOLA & ANOR V. 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