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 Periodical article |
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| Title: | Landlord and successors-in-title cannot derogate from earlier grant of user of premises |
| Author: | Osimiri, Uche Jack |
| Year: | 2000 |
| Periodical: | Zambia Law Journal (ISSN 1027-7862) |
| Volume: | 32 |
| Pages: | 51-72 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Nigeria world West Africa |
| Subjects: | rent tenancy law Civil law Common law Right of property Leasing |
| Abstract: | This article examines the problems relating to the enforcement of the express grant of a restrictive user of premises covenant by co-tenants inter se in a leasehold agreement. It considers the issue of priority of the first grant of a particular user vis-à-vis the subsequent users made by the same landlord. It argues that excessive insistence in judicial decisions on the absence of privity of contract and privity of estate is anomalous. It further posits that there is no reason why the first grantee/tenant should not be able to enforce the restrictive user covenant against the second and subsequent grantees/tenants and other privies-in-title to the landlord even though there is no privity of estate between them. It proposes reforms, arguing that the special socioeconomic nature of commercial leases makes it imperative for the law to strive to protect the business efficacy of real property investments and to provide greater security for an exclusive user in order to do justice to the parties. The article refers to case studies, notably from Nigeria, and to the principle, which can be deduced from statutory rules, that a grantor/landlord may properly be enjoined to prevent derogation from an earlier grant to the first grantee/tenant through subsequent grants made to second and subsequent grantees/tenants. Notes, ref. |