Category: Commercial Litigation
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Will a Notice to Quit Still Be Valid if the Tenant Pays Rent After Its Issuance? Lessons from the Supreme Court’s Decision in Pillars Nigeria Limited v. William Kojo Desbordes & Anor (2021) 12 NWLR (Pt. 1789) 122
Introduction There are many reasons why a property owner would issue a Notice to Quit to its tenant or lessee in respect of a property. However, one of the most common reasons is the tenant’s failure to pay rent promptly. Based on this fact, many tenants often mistakenly assume that a Notice to Quit will…
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Can an Estate Residents’ Association or its Security Service Provider Be Liable for a Burglary in the Estate? A Review of the High Court’s Decision in Obioha v. The Registered Trustees of Osborne Estate Property Owners & Residents Association, Lagos & Anor (Judgment delivered on 4 May 2026 by Hon. Justice K.A. Ajose (Mrs))
Introduction The increasing popularity of gated estates in Nigeria is largely driven by the prospect of enhanced security for residents and their properties. Many residents accordingly rely heavily on their residents’ associations, and on the security personnel that those associations engage to maintain effective access control and safeguard lives and valuables within such estates. Recent…
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Can an Estate Agent Claim Commission Without a Letter of Engagement? Lessons from the Supreme Court’s Decision in Ojo v. SDV Nigeria Limited (2025) LPELR-81498(SC)
Introduction A major issue that usually arises in almost every real estate transaction in Nigeria is the entitlement of estate agents to commission. In many cases, it is difficult to determine what actions usually entitle an estate agent to a commission on a transaction. Does the mere appointment of an estate agent to market a…
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Transferring Property by Deed of Gift: What Nigerian Law Requires
Introduction Property owners often bestow gifts on others as expressions of love, loyalty, appreciation, or as a means of distributing assets during their lifetime. Where a gift is not made under customary law, its validity and enforceability depend on the existence of a Deed of Gift between the donor and donee. A Deed of Gift…
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Can a Company be Held Vicariously Liable for an Action of its Independent Contractor? A Review of the Supreme Court’s Decision in Total Exploration & Production (Nig.) Ltd v. Okwu & Ors LPELR-62623(SC)
Introduction: It is common practice for Nigerian companies to engage independent contractors to execute certain aspects of their operations. However, a major issue that usually arises in this sort of relationship is: to what extent would the employer be liable for the actions of its independent contractors? The Supreme Court addressed this question directly in…
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Understanding the Mortgagee’s Power to Sell a Mortgaged Property: Key Lessons from Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1
Introduction One of the common areas of dispute in commercial transactions is the right of a Mortgagee to exercise its power of sale of a mortgaged property following the Mortgagor’s failure to repay a loan. In the case of Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1, the Supreme Court squarely addressed this issue.…
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Can an Employee be Punished Twice for the Same Misconduct? A Review of Skye Bank Plc v. Adegun (2024) 15 NWLR (Pt. 1960) 1
Introduction An employment relationship may be terminated at any time by either party in accordance with the contract of employment, subject to applicable notice requirements. However, when an employer dismisses an employee for gross misconduct, special rules apply. Nigerian courts have long held that an employer has an inherent right to dismiss for gross misconduct…
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A Data Privacy Breach is Now Enforceable as a Constitutional Right: An Analysis of the High Court of Lagos State’s Judgment in Bonje v Guaranty Trust Bank Plc, Suit No: LD/18950MFHR/2024 (Unreported)
Introduction Following the gains made by the Nigeria Data Protection Regulation 2019 towards creating an enforceable legal framework for the protection of data privacy rights in Nigeria, the Nigerian Legislature enacted the Nigeria Data Protection Act 2023. The Nigeria Data Protection Act 2023 (subsequently referred to as the “NDPA 2023” or “the Act”) strengthens privacy…
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Can Employers Withhold Employees’ Salaries for Failing to Meet KPIs? Key Lessons from Mrs. Iyeyinka Olayanju -v- Global Mercantile and Corporate Logistics Ltd (Judgment delivered on Thursday, 6 February 2025)
Introduction Most employers set specific Key Performance Indicators (KPIs) for their employees, and these KPIs help the employer assess the employee’s performance over a given period. Employees who consistently fail to meet the minimum pass mark in their KPI may lose their jobs due to poor performance. However, a growing practice among some Nigerian employers…
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KEY LESSONS ON ENFORCING MONETARY JUDGMENTS IN NIGERIA: AN ANALYSIS OF THE SUPREME COURT’S JUDGMENT IN C.B.N. v OCHIFE (2025) 12 NWLR (Pt. 2000) 1
INTRODUCTION When enforcing monetary claims in Nigeria, obtaining a favourable judgment is only one part of the process, as the judgment must still be enforced if the debtor refuses to pay the judgment sum. Enforcing a monetary judgment means that the person taking benefit from the monetary judgment (“the judgment creditor”) has to employ any…