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ABSTRACT
This dissertation examines the mechanism for recovery of premises in Nigeria. Tenancy relationship is the relationship between landlord and a tenant, a situation where a landlord and a tenant, a situation where a landlord hands over rights to occupy his property to a tenant over an agreed period of time, in exchanged for rent or other agreed consideration. For tenancy relationship to be valid it must be for a specified period and in a situation whereby a landlord may need to recover possession of the property from his tenant. In such a case that are lay down procedure for the landlord to follow. No one is entitled to take possession of premises by a strong hand or with multitude of people. The law frown at forceful eviction of a tenant from a premises by the use of Police, Army, Vigilantes etc. There are lay down procedure set out by law for a landlord or his legal representative to follow. This dissertation also examines statutory notices to be served on the tenant by the landlord ie notice to quit and seven days notices of owners intention to apply to court to recover possession. this also examine how claims for the recovery of premises matters are filed and after hearing from both plaintiff and defendant, judgement is delivered, this research also discussed the mode of enforcement of judgement in possession matter for effective recovery of premises from a tenant to the landlord after judgement has been delivered by a court of competent jurisdiction. The following aim achieved during the course of this work is the mode of execution of judgements in matter of possession in Nigeria, this information will help both the landlord and tenant to become aware. The Methodology adopted in this research is the doctrinal methodology some of the findings are delays in prosecution of cases for recovery of premises in Nigeria. Corruption of court officials. The research finds out that if the tenant disobeyed this order, the Plaintiff may apply to Court for the enforcement of the Judgment. The three major stages for the enforcement of Judgment were also examined which includes the preparatory stage where the necessary forms are filled by the Registrar of Court, the service of the notice of judgment on the tenant and then the execution of the judgment by the Bailiff of Court with the assistant of Police officers. The position under the law is that judgment for possession of land or the recovery of premises is enforced by a warrant of possession. And concludes that under the administration of justice in Nigeria, the right of both the landlord and tenant are guaranteed and well recognised under the relevant applicable laws on Tenancy matter. Regrettably, however, on many occasions, people do abuse these rights at the detriment of others. In our conventional court in Nigeria, there are record numbers of decided cases on tenancy matter bordering mostly on wrongful use of statutory rights by both parties.
