BALANCING PROPERTY RIGHTS AND TENANT PROTECTIONS: AN ANALYSIS OF RECOVERY OF PREMISES LAWS IN NIGERIA

Abstract

This study critically examines the legal framework governing the recovery of premises in Nigeria, highlighting how tenant protection laws, while essential, often undermine landlords’ rights to own and recover immovable property. It analyzes the procedural requirements such as the issuance of statutory notices and court applications and notes that strict compliance does not guarantee possession. The study underscores the adverse economic and social impacts of prolonged litigation, the complexities introduced by judicial interpretation, and the imbalance created by excessive tenant protections. It recommends reforms including streamlined court processes, adoption of alternative dispute resolution mechanisms, stricter enforcement of court orders, updated legislation like the Rent Control Act, and the establishment of specialized tribunals to ensure a fairer and more efficient property recovery system.