Can your landlord eject you by force? (Part One)

by Tinuke Alabi
When the lease of a tenant expires, and the landlord has served the tenant the required notices by law, it means that the tenant must move out of the rented premises. However, if the tenant is particularly obstinate and delays moving out, can the landlord resort to self-help and throw the tenant out by force? Let us find out from the Supreme Court matter of Akinkugbe v. Ewulum Holdings Nigeria Limited & Anor. (2008) 11 34 NSCQR Pt. II 780.
 
Prof. Akinkugbe had leased his property at 53 Talabi Street, Adeniyi Jones, Ikeja to Ewulum Holdings. Chief Godson Ewulum, the CEO of Ewulum Holdings was the person in occupation of the property. When the lease expired, Chief Ewulum failed to vacate the premises. Prof Akinkugbe went to the High Court claiming possession of the property and the court gave judgement in his favour, ordering Chief Ewulum to give up possession. The parties eventually agreed that Chief Ewulum would vacate the premises at the end of December, 1993. However, before the agreed date for the surrender of possession, Chief Ewulum brought another application at the High Court seeking a further extension of time and for permission to remain in the property for a further six months after December 1993. The court dismissed Prof. Akinkugbe’s objection to this application and adjourned the matter to January 24, 1994.
However, on January 4, 1994, before Chief Ewulum returned from his Christmas vacation, Prof. Akinkugbe and his armed agents stormed the premises, broke down the doors and pillaged Chief Ewulum’s property, littering them on the street.
Thus, Ewulum Holdings and Chief Godson Ewulum sued Prof. Akinkugbe asking the court for: a declaration that the ejection of Chief Ewulum from the premises was unlawful; an order directing Prof. Akinkugbe to indemnify them for all expenses or loss that they may incur due to the ejection; 3 million naira damages for unlawful ejection and for loss of proper feelings of dignity and pride; and100, 000 naira damages for trespass.
Chief Ewulum also claimed that he had a safe box in his bedroom which was removed during the ejection. He claimed that the box contained airline tickets, foreign currency and valuable watches and gold chains. Thus, he also sought special damages as follows: 650,000 naira; 113,000 US dollars; 41,000 UK pounds and 80,000 German marks.
On his part, Prof. Akinkugbe counter claimed against them for 2, 114, 715 naira as general and special damages for breach of covenant to repair at the end of the lease.
Dismissing the counter-claim of the landlord, the High Court Judge gave judgement in favour of Ewulum Holdings and Chief Ewulum and granted all their requests, except for the 100, 000 naira claim as damages for trespass. Dissatisfied, Prof. Akinkugbe appealed to the Court of Appeal and lost. Still aggrieved, he appealed to the Supreme Court. Check back next week for the outcome of the matter.