Landlord and tenant

Sierra Leone — African Law Reports · 1972-73

Principle established: A landlord's acceptance of rent with knowledge of a breach of covenant constitutes a waiver of the breach, regardless of whether waiver was intended.

Sierra Leone — Supreme Court · 1973

Principle established: A landlord's acceptance of rent with knowledge of a tenant's breach constitutes a waiver of the breach as a matter of law, regardless of the landlord's subjective intent.

Sierra Leone — Supreme Court · 1973

Principle established: A landlord's or authorized agent's acceptance of accrued rent with knowledge of a tenant's breach constitutes a waiver of that breach, irrespective of whether waiver was actually intended.

Sierra Leone — Court of Appeal · 1952

Principle established: An appellate court may interfere with judicial discretion to remedy injustice, and a tenant will not be denied equitable relief against forfeiture merely for failing to pay a negligible amount of interest.

Sierra Leone — African Law Reports · 1950-56

Principle established: The court exercises a wide, unfettered equitable discretion under statutory conveyancing provisions when determining whether to grant a tenant relief against forfeiture for breach of covenant.

Sierra Leone — African Law Reports · 1950-56

Principle established: An appellate court may overturn a discretionary ruling resulting in injustice, and a tenant's failure to pay a trivial interest amount does not preclude relief against lease forfeiture.

Sierra Leone — Court of Appeal · 1963

Principle established: A vendor of real property who subsequently remains in occupation as a tenant of the purchaser is estopped from disputing the validity of the sale.

Sierra Leone — Court of Appeal · 1963

Principle established: A vendor who sells property and remains in possession as a paying tenant of the buyer is estopped from denying the validity of the conveyance.

Sierra Leone — Supreme Court · 1961

Principle established: Transactions between natives in the Protectorate regarding land are governed by native law and custom, which requires the prior consent of relatives, and a tenant at will cannot grant a valid lease.

United Kingdom · 1946

Principle established: A promise intended to be binding and acted upon is enforceable even without consideration, preventing the promisor from acting inconsistently with that promise.

Sierra Leone — Supreme Court · 1967

Principle established: A party leading another to believe strict contractual terms will not be enforced cannot later insist upon those rights when inequitable, and a tenant holding over under an invitation to renew is not wrongful.

Sierra Leone — African Law Reports · 1967-68

Principle established: A party who induces another to believe strict contractual rights will not be enforced cannot resile from that position when it would be inequitable, amounting to a waiver.

Sierra Leone — African Law Reports · 1920-36

Principle established: A mortgagee cannot recover possession of land from a mortgagor by specially indorsed writ unless the mortgage deed contains an attornment clause establishing a landlord-tenant relationship.

Sierra Leone — Supreme Court · 1962

Principle established: A person's mother constitutes a member of his 'family' within the meaning of the Rent Restriction Act for the purposes of ejectment proceedings.

Sierra Leone — Supreme Court · 1962

Principle established: Under section 12(1)(d) of the Rent Restriction Act, the term 'family' includes a landlord's mother, and an appeal may proceed in an absent party's absence upon proof of adequate notice.

Sierra Leone — Supreme Court · 1962

Principle established: A rent assessment committee errs in law and its determination must be set aside when it fails to apply the mandatory statutory principles governing the assessment of rent.

Sierra Leone — Supreme Court · 1962

Principle established: A rent assessment will be quashed on appeal if the Rent Assessment Committee fails to guide itself by statutory principles and assesses rent on wrong principles or none.

Sierra Leone — African Law Reports · 1950-56

Principle established: A tenant's formal plea of possession in an action for forfeiture constitutes a denial of the landlord's title that irrevocably bars the tenant from obtaining equitable relief against forfeiture.

Sierra Leone — Court of Appeal · 1963

Principle established: The word 'contract' in section 252(5) of the Companies Act does not include a demise of land by deed for a term of years.

Sierra Leone — Court of Appeal · 2018

Principle established: The Attorney-General, as principal legal adviser to the Government, may institute proceedings for the recovery of state land held under a lease agreement.

Sierra Leone — African Law Reports · 1950-56

Principle established: Mere payment of rent is insufficient part performance to take an oral lease out of the Statute of Frauds for the purposes of obtaining specific performance.

Sierra Leone — Court of Appeal · 1963

Principle established: A lease of land by deed for a term of years does not fall within the definition of 'contract' under section 252(5) of the Companies Act.

Sierra Leone — Supreme Court · 1962

Principle established: A tenant's clear and unequivocal repudiation of the landlord's title operates as an immediate forfeiture of the lease.

Sierra Leone — Supreme Court · 1962

Principle established: A lessee's clear and unequivocal denial of the lessor's title forfeits the lease, and applications under section 252(5) of the Companies Act may generally be made by motion.

Sierra Leone — Court of Appeal · 1952

Principle established: A sub-tenant in occupation must be served with judgment obtained against the tenant before a writ of possession can issue, and special damages for trespass must be strictly proved rather than estimated.

Sierra Leone — Court of Appeal · 1963

Principle established: A lease granted by a tenant for life may be confirmed with variations to bring it into conformity with the Settled Land Act 1882.

Sierra Leone — Court of Appeal · 1957

Principle established: The burden of proving the creation of a tenancy rests on the party asserting it, and holding over with acceptance of rent is merely evidence, not conclusive proof, of a periodic tenancy.

Sierra Leone — African Law Reports · 1957-60

Principle established: Holding over and paying rent are not conclusive proof of a periodic tenancy, but rent restriction legislation protects former tenants continuing in occupation without legal right.

Sierra Leone — Court of Appeal · 2013

Principle established: A party may apply for a stay of execution of a judgment pending the determination of an appeal to prevent the enforcement of orders affecting their property interests.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where a third party occupies premises in breach of a covenant against underletting, the tenant is the proper defendant in a recovery of possession action, though the occupier may be joined.

Zimbabwe · 2025

Principle established: An appeal deemed abandoned for failure to provide security for costs may be reinstated through an application for condonation, provided the applicant explains the non-compliance and demonstrates prospects of success.

Sierra Leone — Supreme Court · 1960

Principle established: Priority among competing writs of fieri facias is determined by the date of delivery to the sheriff, and procedural objections to relief are waived if not raised promptly.

Sierra Leone — Court of Appeal · 2014

Principle established: A plaintiff is entitled to recover possession of premises and mesne profits from defendants who occupy the property without a valid legal basis or after the termination of their interest.

Sierra Leone — Supreme Court · 1961

Principle established: A writ of fieri facias takes priority based on order of delivery, and procedural irregularity in asserting priority is waived by proceeding with the substantive hearing without objection.

Sierra Leone — Court of Appeal · 1961

Principle established: A lease executed by a tenant for life that departs from statutory provisions may be confirmed with necessary variations to bring it into conformity with the Settled Land Act.

Sierra Leone — African Law Reports · 1964-66

Principle established: Acknowledgment of a superior title to land during the limitation period interrupts adverse possession, and a tenant at will holds no alienable interest capable of conveying a fee simple estate.

Sierra Leone — Supreme Court · 1961

Principle established: A party who ratifies a lease after attaining majority is estopped from repudiating it, and a successor in title remains bound by the estoppel affecting the lessors.

Sierra Leone — Court of Appeal · 2013

Principle established: A stay of execution of a High Court judgment may be granted pending the determination of an appeal to preserve the status quo regarding leased property.

Sierra Leone — Supreme Court · 1963

Principle established: The jurisdiction of a magistrate under the Summary Ejectment Act is not ousted merely by raising a question of title, as deciding some questions of title is necessary under the Act.

Sierra Leone — Supreme Court · 1963

Principle established: Raising an issue of title does not oust a magistrate's jurisdiction under the Summary Ejectment Act where determining certain questions of title is necessary to decide the ejectment.