Landlord and Tenant - determination of tenancy -summary ejectment
proceedings - no proceedings under Summary Ejectment (Protectorate)
Ordinance, 1927, s. 5 until tenancy duly determined - ejectment proceedings
not equivalent to re-entry determining tenancy: While it is
generally accepted that a landlord's bringing an action for possession
against his tenant is equivalent to re-entry and re-entry determines the
lease between them, the Summary Ejectment (Protectorate) Ordinance,
1927, s. 5 requires that a tenancy granted to a non-native by a tribal
authority must be "duly determined" before any action can be brought
against the tenant, and in such a case the action itself cannot therefore
determine the tenancy.