Damages for Use & Occupation

What is mesne profits? This expression simply means intermediate profits – that is, profits accruing between two points of time, that is between the date when the defendant ceased to hold the premises as a tenant and the date he gives up possession. As a result, the action for mesne profits, ordinarily does not lie unless either the landlord has recovered possession or the tenant's interest in the land has come to an end or the landlord's claim is joined with a claim for possession. See; Ahmed Debs & Ors Vs Cenico Nigeria Ltd. (1986) NWLR (Pt.32) 846; LPELR 183/1984 per Oputa, JSC. In Bramwell vs Bramwell (1942) 1 KB 370; (1942) 1 All ELR 137 at 138, Goddard L.J had earlier described the expression "mesne profits" as follows: "Only another term for damages for trespass arising from the particular relationship of landlord and tenant." One of the differences between mesne profits and damages for use and occupation is the date of commencement. While mesne profits begin to run from the date of service of the process for determining the tenancy, damages for use and occupation start to run from the date of holding over the property. It is therefore the duty of the court to ascertain an amount which may constitute a reasonable satisfaction for the use and occupation of the premises held over by the tenant. It has been held that while previous rent may not be conclusive, it may sometimes be a guide. See; Ayinde Vs Lawal & Ors (1994) 7 NWLR (Pt.356) 263. Generally, a claim for mesne profits is based on trespass by the defendant in occupation and it is inappropriate in respect of lawful occupation as a tenant it can only be maintained when the tenancy has been duly determined and the tenant becomes a trespasser. Therefore in any situation where a tenancy is created by operation of law, the status of trespasser will not arise until the tenancy has become duly determined according to law. See; Omotosho vs Oloriegbe (1988) 4...

The claim for use and occupation arises where a tenant who entered by a lawful demise or title, and, after that has ceased wrongfully continues in possession without the assent or dissent of the landlord or the person next entitled.

METAL CONSTRUCTION (W.A.)