Dr. S. A. Agbaje & Ors V. Adeoye Shonibare Bankole & Anr. (1971)

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Parties

DR. S. A. AGBAJE & ORS
(MOGAJI HEAD OF SALAMI AGBAJE for himself and on behalf of the Administrators and beneficiaries of the estate of CHIEF SALAMI AGBAJE (Deceased) Appellant(s)

AND

1. ADEOYE SHONIBARE BANKOLE
   2. ISSAC BABATUNDE WILLIAMS (EXECUTORS OF JACOB O. WILLIAMS) Respondent(s)

LEWIS, J.S.C.

In suit LD/493/63 the plaintiffs’ writ read:-

“The plaintiffs’ claim against the defendants jointly and severally is for an order compelling the defendants to a lease for a period of 15 years of the house and landed property situate lying and being at 95, Broad Street, Lagos as provided in paragraph 5B of the deed of lease dated 30th day of August 1949 and entered into between the plaintiffs’ predecessors in title and the defendants’ predecessors in title.

10(b) a further order fixing the rent per annum of the said premises to be paid by the plaintiffs to the defendants.

Inspite of repeated demands the defendants have failed to grant the lease.”

Paragraphs 5-9 and 12 of the statement of claim read –

“5. The plaintiffs further aver that one Jacob Olumide Williams was the owner of a larger piece or parcel of land situate and being at 95, Broad Street, Lagos.

6. That by a deed of lease dated 3rd of September 1921 and registered as No. 23 at page 123 in Volume 151 of the register of deeds kept in the land Registry Lagos the said Jacob Olumide Williams demised the said landed property unto and to the use of the said Chief Salami Agbaje deceased who later erected a substantial building on the said landed property.

6A.The plaintiffs aver that the said Salami Agbaje (deceased) during his life time went into possession of the premises on the 3rd of September, 1921 and continued to be in possession thereof up to date of his death and thereafter through his personal representative and his successors-in-title up to date.

7. The plaintiffs aver that by a deed of lease dated 30th day of August, 1949 and registered as No. 70 at page 70 Volume 811 of the register of deeds kept in the Land Registry Lagos the said Jacob Olumide Williams deceased demised all that piece or parcel of land unto and to the use of Chief Salami Agbaje for a period of 15 years at annual rental of 152Pounds sterling, the said lease to commence 1st October, 1945.
8. The plaintiffs aver that the said Jacob Olumide Williams deceased the lessor including his heirs executors administrators and assigns covenanted with the lessee including the lessee’s heirs executors administrators and assigns in a proviso to the said lease as follows:-

‘That if the Lessee shall be desirous of continuing the tenancy of the premises hereby demised at the expiration of the term of 15 years and shall at least 6 calendar months before the expiration thereof signify such desire by a notice in writing to be delivered to the lessor then the lessor shall execute a new and effectual lease of the premises hereby demised at a rental to be agreed between the parties.

9. The plaintiffs aver that in strict compliance to the proviso stated above the plaintiffs as successors in title of late Chief Salami Agbaje (deceased) gave notice in writing to the lessor Mr. Jacob Olumide Williams of their intention to renew the said lease in exercise of their right of option as contained in the proviso of the said lease. In this connection the plaintiffs will rely on letter dated

31st March 1960,

6th February 1957