Section 44 Tenancy Law of Lagos State 2011

Section 44 of the Tenancy Law of Lagos State 2011 is about Offences and Penalties. It provides as follows:

(1) Subject to the provisions of any Law-
(a) Any person who demolishes, alters or modifies a b4i1ding to which this law applies with a view to ejecting a tenant and without the approval of the Court; or

(b) any person who in respect of any premises-
(i) attempts to forcibly eject or forcibly ejects a tenant;
(ii) threatens or molests a tenant by action or words, with a view to ejecting such tenant;
or
(iii) willfully damages any premises,
shall be guilty of an offence and is liable to a fine not exceeding Two Hundred and Fifty Thousand Naira (N250,000.00) or a maximum of six (6) months imprisonment and any other non-custodial disposition.

(2) A Court shall have power to punish for contempt in the face of the Court but may in other cases Order the arrest and bring before it, any person suspected of having committed contempt of Court and such a person shall as soon as practicable be brought to trial before a Court of Law.

(3) Following subsection (2) of this section, any person who-

(a) resists, molests, assaults, or in any way obstructs any officer of the Court or any other person from carrying out an Order of the Court to serve any process or execute a warrant for possession; Or
(b) has been put out of possession, by virtue of a warrant for possession, and unlawfully retakes possession of the premises after possession has been given to the landlord shall be charged with contempt and is liable on conviction to a fine not exceeding Two Hundred and Fifty Thousand Naira (N250,000.00) or a maximum of six (6) months imprisonment and any other non-custodial disposition.

(4)(a)Any landlord who obtains an Order for possession of any premises under this Law by intentionally providing false information shall be guilty of an offence and liable under the Criminal Code.

(b) Any tenant who deprives the landlord of any premises under this Law by intentionally providing false information shall be guilty of an offence and liable under the Criminal Code.

(c) Without prejudice to any criminal proceeding, where-
(i) any landlord has obtained an Order of possession of premises under this Law and upon an application made by summons by the tenant, the Court is satisfied that such Order was obtained by intentionally providing false information; the Court shall order the landlord to pay reasonable compensation to such tenant; and

(ii) the tenant has deprived the landlord of possession of premises under this Law and upon an application made by summons by the landlord, the Court is satisfied that the landlord was so deprived by the tenant intentionally providing false information; the court shall order the tenant to pay reasonable compensation to such landlord.

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