By Funmilayo Olagunju ESQ

An act is said to be extrajudicial when it is done outside the functioning of the court system. Extrajudicial eviction refers to the removal of a tenant or occupier from a property without proper statutory notice or court order.

The law prohibits a landlord from resorting to self-help measures or engaging force in the process of evicting a tenant. When a tenant refuses to give up possession of a property in response to the statutory notice, the lawful step is for the landlord to apply to court for an order of eviction.

The following are some of the unlawful extrajudicial measures engaged in tenant eviction:

Use of thugs to evict the tenant.

 Locking the tenant out of the property.

Sudden change of locks and keys of gates and entrance to prevent entrance.

Making the house inhabitable by removal of roof and other essential features.

The use or threat of criminal charms.

Use or threat or actual engagement of uniformed men against the tenant.

Breaking in to forcefully throw out or pack away the personal belongings of the tenant.

Imitating or forging a court order of eviction.

Presenting a pseudo tenant in court for the purpose of obtaining a speedy court order.

A landlord who engages in such unlawful eviction may be charged to court by the tenant for offences such as stealing, unlawful damage, breaking and entering, trespass, use of criminal charm, forgery, impersonation, making of malafide report etc.

Tenants and Landlords ought to deal with each other in fairness and good faith.

“For there is a proper time and procedure for every matter, though a person may be weighed down by misery”

Ecclesiastes 8:6