Introduction
The Nigerian courts have, over the years, clarified the nature, form, and effect of a notice to quit within the context of landlord and tenant relationships.
Below are notable principles distilled from Court of Appeal and Supreme Court decisions on the subject:
What is a Notice to Quit?
In ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD (2025) LPELR-80309(CA), the Court defined a notice to quit as:
“A landlord’s written notice demanding that a tenant surrender and vacate the leased property, thereby terminating the tenancy relationship between them. It is an unequivocal notification by the landlord that he desires the tenancy to be determined.”
This aligns with Black’s Law Dictionary definition of the term.
Who Can Issue a Notice to Quit?
The Court in CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS (2024) LPELR-62333(CA)clarified that the landlord himself or his attorney/agent may validly issue a notice to quit. As held in COKER v. ADETAYO (1996) 6 NWLR (Pt. 454) 258, the landlord includes any person entitled to immediate reversion or their agent.
When is a Notice to Quit Effective?
Several decisions underscore that a notice to quit must determine the tenancy at the end of the current term:
1. A. P. LTD v. OWODUNNI (1991) LPELR-213(SC):
Notice is effective only if it ends the tenancy at the appropriate term.
2. OGAR v. ILOETOMMA (2015) LPELR-40694(CA):
The notice must comply with statutory or agreed periods and expire at the anniversary of the tenancy if no contrary agreement exists.
Does the Law Prescribe a Particular Form of Notice?
In OYEGBESAN v. OYEGBESAN (2014) LPELR-23358(CA),the Court held that the law does not prescribe any rigid form or format for a notice to quit. What is crucial is that it gives the correct statutory or contractual notice period and clearly communicates the landlord’s intention to terminate the tenancy.
When is a Notice to Quit Unnecessary?
There are circumstances where service of a notice to quit is not required:
1. Where there is no landlord-tenant relationship, e.g., against squatters or trespassers (ESKOM PLC v. SAMBIL KADAMA (NIG.) LTD).
2. Where the tenant has been in arrears of rent beyond the statutory period (CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS).
3. Where the tenancy is a fixed term that has expired (AJAYI v. HARRY (2014) LPELR-24127(CA).
4. Where the tenant denies the landlord’s title or denies the existence of the tenancy (INDUSTRIAL CONSULTANTS LTD v. MABAYOJE & ORS (2017) LPELR-50214(CA).
Effect of Writ of Summons on Irregular Notice
Even if the notice to quit was defective, the courts in COLVI LTD & ORS v. BACAB PROPERTIES LTD (2023) LPELR-61341(CA)and PILLARS (NIG.) LTD v. DESBORDES (2021) 12 NWLR (Pt.1789) 122 have held that once the landlord files a writ of summons to recover possession, the irregularity is cured, and the tenant is deemed to have sufficient notice.
Collection of Rent After Notice
Contrary to popular belief, collecting rent after issuing a notice to quit does not automatically waive the notice or create a fresh tenancy. This was confirmed in CHISCO TRANSPORT (NIG) LTD v. NJOKU & ORS (2024) LPELR-62333(CA).
Service of Notice
Service of notice must generally be personal. However, where the tenant authorizes someone else (like a secretary) to receive it on their behalf, it is deemed proper service (NDUBUISI v. SHOBANDE (2013) LPELR-22770(CA).
Self-Help by Landlord
Even if the tenancy has expired, a landlord cannot forcibly eject a tenant without following due process, as reiterated in ELIOCHIN (NIG) LTD & ORS v. MBADIWE (1986) LPELR-1119(SC).
These principles highlight the delicate balance between a landlord’s right to recover possession and a tenant’s right to due process.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified legal practitioner for advice specific to their situation.
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