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Recovery of Premises
Definition of Terms
| Term | Definition | Authority |
|---|---|---|
| Landlord | The person entitled to title and ownership right and immediate reversion of the premises - includes attorney, solicitor, agent, caretaker; any person receiving rent or with right to; a former landlord where context requires. | S2 Recovery of Premises Act 1990 Abuja; S47 Tenancy Law 2011 Lagos |
| Tenant | Any person who holds, uses or occupies another person’s property temporarily for a term certain or fixed duration by agreement, with or without rent. Does NOT include a person occupying under a bona fide claim to be the owner. The requirement is “Lawful Occupation”. Includes sub-tenant and Service Tenants. | S2 RPA Abuja; S47 Tenancy Law Lagos; Okedare v Hanid (1955) 15 WACA 17; Sule v Nig Cotton Board (1985) 2 NWLR (Pt 5) 17; Oduye v Nig Airways (1987) 4 SCNJ 40 |
| Premises | House, building with appurtenances and land without any building thereon. In Lagos, includes premises used for business, residential and non-residential purposes. | S2 RPA Abuja; S47 Tenancy Law Lagos |
Applicable Laws
Abuja
- Recovery of Premises Act (Cap 544) LFN, 1990;
- District Courts (Increase in Jurisdiction of District Court Judges) Order 2021;
- High Court of FCT Abuja (Civil Procedure) Rules 2018.
Lagos
- Lagos State Tenancy Law (No 14) 2011;
- Recovery of Premises Law (Cap 118) Laws of Lagos State, 1973;
- Magistrate Courts Law (No 16) Lagos State, 2009;
- High Court of Lagos State (CP) Rules 2019.
The Tenancy Law 2011 is NOT applicable in the EXEMPTED AREAS – S1(3) Tenancy Law Lagos:
- Apapa;
- Ikeja GRA;
- Ikoyi;
- Victoria Island.
For exempted areas, the applicable law is the Recovery of Premises Law (Cap 118) Laws of Lagos State, 1973. The Rent Control & Recovery of Residential Premises Law No 6 of 1997 is no longer applicable.
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