DETERMINATION OF CUSTOMARY TENANCY

It is important to note that the interest conferred by customary tenancy is not a precarious one. In other words, the fact that a customary tenant pays no rent does not make him a tenant at will, who could be ejected as the grantor’s will. Determination can arise in the following ways:

a)         Accomplishment of The Purpose of The Grant: Customary tenancy comes to an end when the purpose for which the grant was made is accomplished. Hence, if the tenancy is for a farming season, then the purpose of the grant is usually accomplished at the end of the harvest and thereupon the tenancy is determined.


b)        Notice To Quit: Notice to quit has a rather limited scope as a mode of determining a tenancy under customary law. It applies only in the case of indefinite tenancies which are not intended to be of perpetual duration, neither tenancies for a specific period nor indefinite tenancies of perpetual duration can be determined by notice. When a tenancy is properly determinable by notice the notice must be a reasonable one. The reasonableness of notice depends, however, on the circumstances of each case. If, for example, the land is in crop the notice must allow sufficient time for the crops to be harvested and removed from the land.

c)         Abandonment: This is another way a customary tenancy could be determined. If the tenant abandons the land, its possession reverts to the original owner. It is usually difficult to determine when abandonment has taken place. Absence from the land for some time does not necessarily mean abandonment. On the same token, mere non-user does not necessarily mean abandonment, it must be shown that the tenant had an intention to abandon the land. Usually circumstances surrounding each case are considered.

            In Baillie V Offion24.the tenant left the land in question due to ill health and went to another place where upon his house went to ruins. The daughter of one of the overlords sought to build a house on the land, but was opposed by the tenant. It was argued that the tenant had abandoned the land and that before resuming possession he had to obtain permission of the overlords. The court held that the tenant had not abandoned the land because there was no intention on his part to do so.

            In Annan V Bin25, K, a tenant was permitted by the landowners to build a house on the land, K went to Liberia and the house fell into ruins. There years later, the appellant was permitted by K’s mother to build another house on the land. When the building was completed the appellant started a shop therein and put the respondent in charge. Soon disagreement between them arose and the appellant threw out the respondent who in meantime obtained permission from the landowners to be on the land. The court held that when the house built by K fell into ruins the land reverted to the owners. 

The tenant has no right to hand the land over to another person without the permission of the owners. Therefore the appellant has no right to be on the land under Fanti customary law.
            Similarly in Ezeilo V Obi26 the Roman Catholic Mission were the customary tenants of a certain area of land upon which they had build a church and school. Later they were granted a new site where they erected a new school and church, thereafter discontinuing the use of the old church and school for eight to ten years, which then fell into ruins. The owners then granted the site to the Church Missionary Society who immediately began to erect their own church. There was evidence that R.C.M never at any time intended to abandon the land. They were in fact collecting money to develop it, and had throughout the period of eight to ten years continued to use the burial ground on the land. The court held that there had been no abandonment.
           
            It had been held that a sale of the land by the tenant amounts to abandonment. This is quite reasonable, since a sale is a clean manifestation of the tenant’s intention to terminate his whole interest in the land. Three other events which will operate to determine a customary tenancy viz: merger of the tenancy in the reversion (i.e. where a customary tenant purchase the reversion, surrender of the tenancy by the tenant; and the extinction of the tenant’s family, [1][1]
example was Oshodi v Olote27” which is perhaps the only reported case in which the family of the tenant had because extinct.
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