Section 27 Tenancy Law of Lagos State 2011

Section 27 of the Tenancy Law of Lagos State 2011 is about Trial. It provides as follows:

(1) In any matter under this Law, relating to any ‘fact required to be proved at the trial of any action, evidence shall be by written deposition or oral examination of witnesses in open Court or a combination of both.

(2) All agreed documents or other exhibits shall be tendered from the bar or by the party where he is not represented by a legal practitioner.

(3) The oral examination of a witness during his evidence- in-chief shall be limited to confirming his written deposition and tendering in evidence all disputed documents or other exhibits.

(4) Where the tenant does not enter any defense and the landlord can prove –
(a) that the defendant is still neglecting or refusing to deliver up the premises;
(b) the annual rental value of the premises;

(c) the nature of the tenancy or holding;
(d) the expiration or other determination of the tenancy within the time and manner stipulated by law;

(e) his title, if such has accrued since the letting of the premises; and
(f) the service of the summons or writ if the defendant does not appear.
the Court may make an order as in Form TL 7 for possession of the premises mentioned either immediately or on or before such date (within six (6) months from the date of the Order) as the Court may direct

(5) Subject to the provisions of Section 13 (2) and (3), the Court shall, in making an order for possession of premises, have regard to all circumstances of the case including where appropriate, the question as to whether other premises are available for the landlord or the tenant.

(6) If the claimant named in the summons or writ fails to obtain an Order under subsection (1) of this Section, the defendant may be awarded such costs as the Court may direct.

[/membership]