| Abstract: | In Nigeria, a lessor of land, where the lease contains appropriate proviso for re-entry is, and has always been, entitled to re-take his land peaceably as soon as the lessee is in breach of any of his covenants. Whether or not the lessee, after such re-taking, can obtain restitution, is not clear. The authority which says that equity has jurisdiction to grant relief after a lessor has actually re-entered is tenuous and that which suggests that the relief can be granted at any time after such re-entry, is decided per incuriam and contains in itself sufficient contradiction to warrant its rejection. The author examines the problems which may arise when a covenant is broken. He first considers the basic rules governing forfeiture, drawing a distinction between forfeiture for breach of covenant to pay rent and forfeiture for breach of other covenants. He then looks at the issue of relief from forfeiture, followed by a close examination of the peculiar case of peaceable entry. Ref. |
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Leiden University catalogue
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