Premises recovery through adoption of alternative dispute resolution (ADR) techniques. Experiences from Lagos, Nigeria
| Pages | 67-80 |
| DOI | https://doi.org/10.1108/JPPEL-06-2018-0015 |
| Date | 18 February 2019 |
| Published date | 18 February 2019 |
| Author | Daramola Thompson Olapade,Biodun Olapade,Bioye Tajudeen Aluko |
| Subject Matter | Building & construction law,Property law |
Premises recovery through
adoption of alternative dispute
resolution (ADR) techniques
Experiences from Lagos, Nigeria
Daramola Thompson Olapade
Department of Estate Management, Obafemi Awolowo University, Ile-Ife, Nigeria
Biodun Olapade
Biodun Olapade and Co, Lagos, Nigeria, and
Bioye Tajudeen Aluko
Department of Estate Management, Obafemi Awolowo University, Ile-Ife, Nigeria
Abstract
Purpose –This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a
legitimate means of ejectionof recalcitrant tenant in property. This is with a view of providinginformation
that will improveproperty investment and management.
Design/methodology/approach –The paper adopts a case study approach using five selected case
studieswhere ADR approach was used to recover premises.
Findings –The experience from the case studies shows that the use of ADR in premises recovery is
effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were
used to recover premises in less than three months compared to an average of 18 monthsusing litigation.
Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper
provides useful information to practitioners on the use of the effective alternative approach to recover
premisesfrom recalcitrant tenants.
Originality/value –The paper provides practical ways through which recovery of premises could be
achieved through non-adversarial technique in developing property markets, which hitherto was not
availablein literature.
Keywords Nigeria, Tenancy, Breach of covenant, Ejection of tenant,
Lagos State Citizen Mediation Centre, Alternative dispute resolution (ADR)
Paper type Case study
1. Introduction
Given the acute housing shortage plaguing many cities in developing countries, private
rental housing has been suggested in the literature as a panacea to resolving the
housing debacle (Agbola, 2005;Ayorinde and Ekemode, 2015). This serves as an
impetus for many investors to invest in property development and consequently
creating a landlord-tenant relationship. Like any investor, the aim of the property
investor is to achieve maximum return on the investment in term of regular payment of
rent whilst minimising risk. A good landlord-tenant relationship is, therefore,
necessary for the property investment to yield the necessary return to meet the aim of
the landlord (property owner).
Alternative
dispute
resolution
67
Received10 June 2018
Revised7 October 2018
Accepted26 October 2018
Journalof Property, Planning and
EnvironmentalLaw
Vol.11 No. 1, 2019
pp. 67-80
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-06-2018-0015
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