RELIEF AGAINST FORFEITURE - CUSTOMARY TENANCY



            This is an equitable remedy. It is discretionary and never granted as a matter of course. This is well illustrated in the case of Onisiwo V Fagbenro36 “In this case, the defendants and their ancestors had been customary tenants of the plaintiffs for about eight years. Without the consent of the overlords, the defendants granted a lease of the land for fifty years. The plaintiffs claimed that by this the defendants had forfeited their possessory right of the land. The court held that the action of the defendants was such misconduct that it rendered them liable to forfeiture.
However, the court declined to grant relied against forfeiture on the ground that the defendant’s conduct disentitled them to that equitable relief as they had claimed the absolute ownership of the land in question. In deciding whether or not to grant relief the court consider all the circumstances of the particular case, including the nature of the tenant’s misconduct and any mitigating circumstances that might be disclosed. This was succinctly stated by the Supreme Court in the following words:
Any decision as to whether to grant relief or not will depend on credible evidence and on the circumstances of each case which, invariable turn either on the attitude of the offending customary tenant or on the nature and length of the act which the claim for forfeiture is based or on both”.

            In that case, the plaintiffs claimed a declaration of title to the land in dispute a declaration that the defendants had forfeited all rights possessed of them under Yoruba Customary law, and for possession in their statements of defense the defendants averred that they were the absolutes owners of land as their ancestors came to settle on the land two hundred years ago. Ever since as they claimed they had exercised maximum acts of ownership over the land leasing and selling portions of the land to strangers to the knowledge’s of the plaintiffs.    
            The trial judge found for the plaintiffs and granted them a declaration of title as he found that they first settled on the land. He also ordered forfeiture. On appeal to the Supreme Court, the defendants argued that even if the trial judge found against them he should have granted relied against forfeiture in accordance with the frequent practice of the courts in Nigeria particularly is they acted honestly in the belief of the traditional history handed down to them by the ancestors more than two hundred year ago. And that if an order of forfeiture was to be made it should have been made only against the defendants and those who aided and abated him.
            The Supreme Court affirmed decision of the lower court and refused to grant relief against forfeiture on the following grounds:
i)         The defendants did not ask for relief in the pleadings and did not do so even orally at the lower court. They did not ask for relief even in the alternative in their pleadings. They decided on a straight fight basing all on title or nothing;
ii)        The defendants were not living on the land in dispute. They admitted in evidence that they have other hands of their own.
iii)       While the case was going to the defendants continued to lease or sell portions of the land in dispute”
            In Okoia v Faloiu39 the defendants were customary tenants and they not only denied the landlord’s title but also printed notices, which were put on the land in dispute warning the public against having any dealings with the plaintiffs/landlords in connection with the land. They West African Court of Appeal ordered forfeiture and refused to grant relief against forfeiture having viewed the misconduct as being very grave. But in Ogbakumanwu v Chiabolo40 the plaintiffs, the Iwollos, claimed rent from the defendants, the Awhas; The District Officer’s decision on a review was given in such a way as to encourage the defendants that they were joint owners of the land. Also, in 1944 the defendants claimed sole ownership of the land and failed. The plaintiffs now commenced this action against the defendants for damages; for trespass and for infiltrating into their land in their statement of defense the defendants averred that the land originally belonged to them whereupon the plaintiffs replied that having denied their title, the defendants forfeited their rights in the land and had become trespassers.
            The court held that the plaintiff’s action must succeed, as they were the owners of the land, but because of the way in which the decision was given the defendants thought that they had become joint owners of the land. It would therefore, be inequitable to forfeit their rights in the land. The court further held that the defendants were not trespassers as they would have still been in possession had they not been asked by the plaintiffs to quit.
            Also, in Uwani V Akom41 three hundred and ten Aros lived in four compounds at Ukpom in Bende District as customary tenants for over 50 years in about 100 houses and had many fruit bearing trees planted by themselves and which yielded an annual income of about £1,000 Some members of the group sold or mortgaged the farming right of one of the members of the group who was away to another member. The plaintiff’s owners of the land took proceedings to eject all the Aros.
            It was held that it would be inequitable to evict the Aros having regard to their circumstances. However as a punishment the Aros were ordered to pay an annual tribute of £15 to the overlords in recognition of their ownership of the land.   
Share on Google Plus

Declaimer - MARTINS LIBRARY

The publications and/or documents on this website are provided for general information purposes only. Your use of any of these sample documents is subjected to your own decision NB: Join our Social Media Network on Google Plus | Facebook | Twitter | Linkedin

READ RECENT UPDATES HERE