Forfeiture

The definition of the word "forfeiture" was stated in Blacks Law Dictionary, Ninth Edition at page 722 to be thus:-
"A destruction or deprivation of some estate or right because of the failure to perform some contractual obligation or condition."

The list is not exhaustive, though it is important to observe that it is also well-established that customary tenants should not suffer forfeiture for minor acts of misbehaviour, and that the Courts are loath to order forfeiture except in the most exceptional circumstances, Ashagbon v. Oduntan 12 NLR 7; Ogbakumanwu and Ors. v. Chiabolo 19 NLR 107; Lasisi and Anor v. Tubi and Anor (1974) LPELR -1757 (SC) 6; C-G.

It is now beyond dispute that forfeiture as a relief is available to a landlord whenever his tenant disputes the landlord's title to the land or alienates the whole or part of the piece or parcel of land let out to him under customary law without the landlord's consent. See: Salami v. Oke (1987) 2 NSCC 1167; (1987)4 NWLR (Pt. 63) 1; Dokubo v. Bob-Manuel (1967) 1 All NLR 113; Onyia v. Onyia (1981) 1 NSCC 319; Taiwo v. Akinwunmi (1975) 4 SC 143 at page 230 etc.

It is the law also that if the overlord has not brought an action for forfeiture, the customary tenant may seek relief from forfeiture by means of an originating summons. Nor can the customary tenant seeking relief from forfeiture simply amend his statement of defence and do nothing more as there would not be an opportunity for issues to be joined on the pleadings as regards relief from forfeiture. See Taiwo v. Akinwumi (1975) 4 S.C. 143.