Nigerian Supplies Manufacturing Co. Ltd V Nigerian Broadcasting Corporation (1967)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C

This is an appeal by the plaintiffs from the decision of lambo, J., in the Lagos High Court on the 24th of October, 1966, dismissing their claims for a declaration and an injunction with 75 guineas costs.

The plaintiffs in their writ of summons claimed-

“(1) a declaration that the defendant has duly exercised its option to renew the lease of the building at the junction of Fred McEwen Street, Lagos, for a further term of five years commencing after the expiration of the existing term of years granted to the said defendants under the deed dated 15th January, 1962; and

(2) an injunction restraining the defendants, their servants and/or agents from committing a breach of contract binding between the plaintiffs and the defendants by failing to comply with the terms and conditions of the aforesaid deed.”

The plaintiff’s case was that the defendants, the Nigerian Broadcasting Corporation, took from one Diab Naar a sub-lease of property at the junction of Palm Church Street and Martin Street, Ereko, Lagos, which was more particularly described and delineated in a deed of lease dated the 18th day of February 1960, and registered as No. LO 3625 in the Register of Titles at the Lands Registry Office, Lagos, for a term of 5 years from the 15th of January, 1962, at a rent of £26,000 per annum with an option to renew for a further term of 5 years, which right of option was to be exercised by notice in writing 2 years before the determination of the term of the sub-lease. Diab Nasr on the 14th of November, 1962, by deed of assignment assigned all his interest in the property concerned to the plaintiffs and due notice was given to the defendants. The plaintiffs on the lath of June 1964, asked the defendants in a letter if they intended to exercise their option, to renew the sublease and on the 30th of October, 1964, the defendants answered as in Ex. D. as follows-

“Mr. Diab Nasr,

Chairman & Managing Director of the

Nigerian Supplies Manufacturing Co. Ltd.,

2 Upper Offin Lane,

Lagos.

30th October, 1964

Dear Sir,

Building at Junction of Fred McEwen Street and