Union Bank Of Nig. Plc. V Astra Builders (W.A.) Ltd. (2010)

LAWGLOBAL HUB Lead Judgment Report

O. ADEKEYE, J.S.C

This is an interlocutory appeal against the decision of the Court of Appeal, Lagos Division delivered on the 18th of March 2003. In the judgment, the lower court dismissed the appeal against the ruling of the High Court of Lagos State; Lagos Judicial Division delivered on the 14th of May 2002, and affirmed the ruling. In the application brought pursuant to Order 23 Rules 2 and 3 of the High Court of Lagos State (Civil Procedure) Rules 1994, the appellant as defendant/applicant prayed for an order dismissing the Suit LD/2514/2001 instituted by the respondent, as plaintiff, in limine.

In the Suit LD/2514/2001 – the plaintiff/respondent Astra Builders (W.A.) Ltd. in the penultimate paragraph of its statement of claim and in the endorsement on his Writ of Summons both filed on the 23rd of October 2001 claimed against the defendant/appellant, Union Bank of Nigeria PLC for: –

(1) A declaratory order that the plaintiff is entitled to a statutory right of occupancy of the piece or parcel of land lying, situate, being and bounded by Nnamdi Azikiwe and Ali-Balogun Streets, Lagos for the unexpired residue of the term of the sub-lease agreement entered into between the defendant ‘and the plaintiff.

(2) An injunction restraining the defendant whether by itself or by its servants, agents, privies, or otherwise howsoever from entering and or occupying the said piece or parcel of land.

Parties filed and exchanged pleadings. The parties joined issues on their pleadings. I shall quote from their relevant averments as follows-

Statement of Claim

Paragraph 3

On the strength of a written sub-lease agreement entered into between the defendant and the plaintiff, the plaintiff became entitled to a Right of Occupancy of a piece or parcel of land lying, situate, being and bounded by Nnamdi Azikiwe and Ali-Balogun Streets, Lagos measuring 3,025.17 square meters for a term of 40 years, with option for extension for a further term of 10 years. The plaintiff will at the trial of this action rely on the said written sub-lease agreement for its full-terms and effects.

Paragraph 4

The plaintiff has been performing, is performing and shall continue to perform its convenants, duties and obligations under the said written sub-lease agreement.

Paragraph 5

The plaintiff has erected a fence on the said piece or parcel of land.

Paragraph 6