RECOVERY OF POSSESSION OF PREMISES. PART 1.

Today, we shall discuss the applicable Laws for the recovery of possession of premises in Abuja and Lagos. 

Let's start with ABUJA. In Abuja, we have the following laws that are applicable for the recovery of possession of premises and they are as follows:-

1) Recovery of Premises Act Cap 544 LFN 

Abuja 1990

 2) High Court Rules Abuja.

In LAGOS, we have the following laws that are applicable for the recovery of possession of premises and they are as thus:-

1. TENANCY LAW OF LAGOS STATE 2011 – applies to residential and business premises but it doesn’t apply to the whole of Lagos (doesn’t apply to Ikeja GRA, Victoria Island, Ikoyi, Apapa and houses owned and operated by educational institutions, hospitals, care/hospice facilities, emergency shelters).

2. Recovery of Premises Law CAP 118 Laws of Lagos State: applies to business premises in those areas excluded under Tenancy Law Lagos State 2011.

3. Common law principles in respect of landlord and tenant and principles of contract are applied in residential area in those areas excluded under Tenancy Law Lagos State 2011

Let's take note that the MAGISTRATES COURTS LAW OF LAGOS STATE 2009 S. 28(1) (b)-Gives Magistrates’ Courts the jurisdiction over tenancy matter.

High Court Civil Procedure Rules of Lagos State 

NOTE:

Rent Control and Recovery of Residential Premises Law of Lagos State 1997 is no longer applied by the courts even though it was not expressly repealed by the Tenancy Law.

The Rent Tribunals (and Transfer of Functions) Law 2001 has been expressly repealed by 48 Tenancy Law 2011.

VACANT LAND

As regards to vacant land in Lagos State, the following provisions of law are applicable.

S2 Recovery of Premises Act Abuja and S2 Recovery of Premises Law Lagos State – land without building (includes vacant land). In some other jurisdictions, their own definition does not include vacant land.