Mesne profits — the compensation owed for a tenant’s continued occupation after their tenancy has lawfully ended — are a claim landlords frequently forget to plead alongside recovery of possession, treating eviction as the sole objective and leaving months of unpaid occupation value unclaimed.
Why the claim needs to be pleaded, not assumed
Mesne profits are not automatically awarded alongside a possession order — the claim must be specifically pleaded, and the calculation basis (typically the prevailing market rent for the period of continued occupation) must be evidenced, not simply asserted.
An eviction order gets the premises back. A mesne profits claim gets the landlord paid for the months it took to get there.
Calculating the right figure
The mesne profits figure should reflect the current market rent for the period of holdover — which may be materially higher than the rent under the expired tenancy, particularly where the tenancy had been running for years without adjustment.
Building it into the standard claim
Landlords and their counsel should treat a mesne profits claim as a standard component of every recovery action from the outset, not an afterthought raised only once possession has already been secured and the opportunity to plead it properly has passed.
This note is general commentary on Nigerian legal practice and does not constitute legal advice or create a lawyer–client relationship. Outcomes depend on the specific facts and the applicable law at the time. For advice on a particular matter, speak with the firm.
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