Lagos. His landlord granted a lease for a term certain to the respondent in August 1951 with a covenant that the landlord would recover possession from the periodic tenants in possession and give the respondent vacant possession. The landlord failed in his promise. In November 1951 the respondent commenced action against Alalade to recover possession of the shop he occupied but Alalade died before the proceedings were concluded. In 1953 the respondent commenced a fresh action against the appellant who was in occupation of the shop. The appellant successfully resisted the suit on the ground that Alalade‟s tenancy was never determined. The court per De Lestang FJ held inter alia that Alalade was a lessee in possession at the time of the lease to the respondent and the respondent lease did not take effect immediately, but on a future day named, i.e. January 1, 1951. In other words, the respondent had a lease in reversion.
7. Lease of the reversion: this is a lease granted after the lease in possession has been granted. This is made possible because when a landlord creates a lease in possession, he has a reversion – an invisible and intangible interest in the land – which he can sell, lease, devise in a will or even gift out. When a landlord grants a lease of the reversion, the lease is valid and neither void nor fraudulent. The effect is that the first tenant or lessee enjoys possession while the second lessee steps into the shoe of the landlord for the time being.
LAWS APPLICABLE TO PREMISES
It is important to mention a few things here. Firstly, it is pertinent to state that law of land and tenant is an aspect of the law of contract, though an advance level contract. Secondly, the law of land and tenant is an aspect of property law. Finally, consensus ad idem