RECOVERY OF POSSESSION OF PREMISES. PART 2

SCOPE AND APPLICATION OF THE LAGOS STATE TENANCY LAW 2011

It applies to residential and business premises.

EXEMPTED AREAS

 However, it doesn’t apply to all areas in Lagos. 

Apapa,

Ikeja GRA,

Ikoyi

Victoria Island

EXEMPTED PREMISES

Section 1(3) of the Tenancy law of Lagos State 2011 states that:-

The law shall not apply to 

Residential Premises owned or operated by an education institution for its staff and students.

Residential premises provided for emergency shelter. Residential premises in a care or hospice faculty or in a public or private hospital or a mental health facility.

Residential premises for providing rehabilitative and Therapeutic treatment.

The OBJECT of the various laws is to regulate the relationship between Landlord and Tenant and to prevent arbitrary increase in rent. It is also to prevent unlawful ejection of tenants.

It is also to prevent illegal holding over by tenants. 

COURTS WITH JURISDICTION

FOR ABUJA:

Recovery of possession cases go to the (DISTRICT) COURTS and HIGH COURTS. Customary courts do not have jurisdiction in this regard. SECTION 2 RECOVERY OF PREMISES ACT ABUJA; AKPAN V. JULIUS BERGER PLC  

FOR LAGOS:

The courts with jurisdiction are the Magistrate courts and High Courts. 

WHAT DETERMINES JURISDICTION

The determining factor is the Annual Rental Value where the annual rental value is within the jurisdiction of the Magistrates Court, It can entertain the matter EVEN THOUGH THE CLAIM FOR ARREARS AND MESNE PROFIT IS HIGHER THAN THE COURT’S JURISDICTION.