TITLE OF THE ARTICLE: Mesne Profit under the Nigerian Legal System: A Critical Appraisal of the Case of Abeke v Odunsi & Anor
AUTHORS:
Izuoma Egeruoh-Adindu, Research Fellow Nigerian Institute of Advanced Legal Studies, Supreme Court Complex Three Arms Zone, Abuja. LL.B, B.L, NIM, LL.M
ABSTRACT:
The concept of Mesne profit is indispensable in the relationship between landlord and tenant. This is because there are instances where holding over may arise. The concept of Mesne profit although not new in property law and the law of landlord and tenant developed on a snail speed as a result of several controversies regarding what amounts to Mesne profit. However, with increasing awareness on the importance of the concept, modern tenancy agreements will be adjudged incomplete without the Mesne profit or holding over clause. It is against this backdrop that the paper seeks to analyse this concept in line with the landmark decision in Abeke v Odunsi & Anor with the intention of laying to rest the controversy on what constitutes Mesne profit and when an action for Mesne profit will lie under the Nigerian Legal system.