Landlords, tenants and the courts

Storytelling of the Tenancy Law of Lagos State, 2011.

One of the beauties of the legal profession is that you handle life matters. Each with its peculiarities and difficulties. Sometimes eerie. Mostly, the laws applicable are simple. One would expect a plain sailing. However, a twist in the facts and issues presented, simply applying the laws may lead to legal flaws.

Hence, it is usual for a lawyer to review several texts before and after giving an opinion even off-hand and impromptu. The lawyer may only come across the subject matter, issues and facts only once in his or her years of practice.

So, under the Tenancy Law of Lagos State 2011, which court to take a tenancy-related matter to is usually confused by tenants and landlords.

I once heard a landlord in open court disparage a tenant for daring to sue him at a Magistrate Court. That the tenant is too poor to afford to file a case against him at the State High Court. I thought he meant, he was too big to be before a magistrate court until he voiced it.

The magistrate sitting over the case accepted his attitude as one of his little quirks. She posed questions on what was wrong for him to be before a magistrate court. The man re-echoed his witless retort. The magistrate made a sneering comment about the landlord’s cluelessness and boastfulness.

This unfamiliarity with the powers of the State High Courts and magistrate courts in Lagos State to hear tenancy matters is not limited to landlords and tenants as you would later discover below.

Section 2(4) states that proceedings shall be brought under the law at the State High Court where the rental value of the premises exceeds the jurisdiction of the magistrate court as provided by the Magistrate Court Law.

The magistrate court can only hear a tenancy matter where the rental sum is within the limits set for magistrate courts under the Magistrate Court Law. Where the rental sum is higher the appropriate court to take the case to is State High Court.

What the man in court, did not understand was that the rental sum involved in the tenancy that brought him to court was within the magistrate court limits.

Secondly, the right of the magistrate court to hear the tenancy matter was created by law, namely, Tenancy Law of Lagos State, 2011. A landlord or tenant can not unilaterally because of his or her status decide which courts he is to be sued at.

Also, the means of the person suing does not determine which court to sue. Suing without regard for the law conferring jurisdiction on a court would rob the court of jurisdiction.

Our case was called shortly after. Prior to the day of the matter in court, I called the lawyer representing the other party in the case. I informed him of my observations beside the fundamental defects on the court process filed. Also, the case is very weak.

The rental sum was very much above magistrate court limits. I was going to raise the issue of jurisdiction. This was to let him know so as to save us all time and resources. Also, our client was very open to out of court settlement.

Apparently, the court had observed similar issues I addressed with him and subtly admonished him and his client to review their stands going forward. She referred them to the relevant sections of the law. However, the lawyer did not take the hint of the court.

When the magistrate sought my response. I relayed my courtesy call to the lawyer to the magistrate. I did not expect he would not consider the issues still. Moreso, he was older and a senior colleague.

We both gave a final address to the court. In her judgement, she rebuked the lawyer for his insensitivity and commended our professionalism.

In her our words, every lawyer, client and court engaged in any legal dispute, there is no friend, no foe. That was the spirit behind our call to the other party.

She concluded the magistrate court lacked jurisdiction to hear the matter because the rental sum was above her limits. The right court to hear the case was State High Court. She advised, the other party should consider our offer for an out of court settlement or any alternative dispute resolution under the law.