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In Nigeria, a man 'rented' his six- bed room flat to his biological son to accommodate him, his wife and children. The son is now owing his father two years' rent.The father's repeated demand for the outstanding rent has proved abortive as the son always gives excuses about his business which is not moving.The father has brought up his son and he should now be alive to his responsibilties.The father is now so frustrated that he has contacted his lawyer to sue for the outstanding rent.What are his legal chances in the circumstances?

THE LEGAL POSITION
The above scenario is best categorised as a family contract being a contract between a man and his biological son.The basic rule is that family contracts are not meant to be visited by legal consequences as it is presumed that parties to such contract never intended to enter into a contract in the first instance.

However, this presumption is a rebuttable presumption which can be rebutted if there is a clear indication that the parties actually intended to be legally bound by the contract in the first instance.In the above scenario, if the tenancy had been legally documented right from the onset spelling out the terms and conditions of the tenancy agreement between the parties, it may be established that there is an evidence of the parties intending to enter into a contract above family sentiments so that the man can recover the outstanding rent at the end of the day.

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