Section 165 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 165 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Provision as to attornments by tenants. It provides as follows:

(1) Where land is subject to a lease the conveyance of a reversion in the land
expectant on the determination of the lease shall be valid without any attornment of
the lessee.

Nothing in this sub-section
(i) affects the validity of any payment of rent by the lessee to the person making the
conveyance or grant before notice of the conveyance or grant is given to him by the person entitled thereunder; or
(ii) renders the lessee liable for any breach of covenant to pay rent, on account of his failure to pay rent to the person entitled under the conveyance or grant before such notice is given to the lessee.

(2) An attornment by the lessee in respect of any land to a person claiming to be
entitled to the interest in the land of the lessor, if made without the consent of the
lessor, shall be void.
This sub-section does not apply to an attornment
(a) made pursuant to a judgment of a court of competent jurisdiction; or

(b) to a mortgagee, by a lessee holding under a lease from the mortgagor where the
right of redemption is barred; or
(c) to any other person rightfully deriving title under the lessor.

See also  Section 259 of the 1999 Constitution of Nigeria (Updated)

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