Chemiron International Limited V. Stabilini Visinoni Limited (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

The respondent as plaintiff filed the suit on 23/3/2005 claiming the following:-

1. An order directing the defendant to deliver up possession of the property situate at Plot 12, Block B, Ogba Industrial Estate, Ogba Lagos State comprising the following:

(a) 2 (two) warehouses measuring approximately 20,800 square feet.

(b) An office block with a (four) bedroom flat above.

2. The sum of N4,500,000.00 (Four million, five hundred thousand naira) being Mesne profit for the period of 1st January, 2003 to 31st December, 2004 at the rate of N2,250,000.00 (Two million, two hundred and fifty thousand naira) per annum.
3. Mesne profit at the rate of N187,500.00(one hundred and eighty seven thousand five hundred naira) per month from 1st January, 2005 until possession is delivered.
4. Interest on the sum of N4,500,000.00 (four million, five hundred thousand naira) at the rate of 21% per annum from 31st December 2004 until the entire sum is liquidated.
5. The sum of N122,765.02 (one hundred and twenty two thousand, seven hundred and sixty five naira two

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kobo) as interest payable on delayed payment on rent for the tenancy,

6. Interest on the sum of N122,765.02 (one hundred and twenty two thousand, seven hundred and sixty five naira two kobo) at the rate of 21% per annum from 22nd February, 2000 until the entire sum is liquidated.
7. Cost of action.

On the same 23rd March 2005 the Respondent filed its statement of claim, statement on oath by Adebayo Adetunji and eight exhibits.

On 4th January 2006, the Appellant filed its statement of defence, statement on oath by Murphy Ozor and Anthony Okonkwo and one exhibit.

This was the state of pleadings when the Respondent commenced trial in this suit on 6th Jury 2010 before Hon. Justice I. O. Kasali.

This appeal is against the judgment of the Court of Appeal Lagos Division or Court below or lower Court (coram: S. D. Bage JCA (as he then was), S. C. Oseji, T. B. Nimpar JJCA), which Court dismissed the appeal and affirmed the judgment of the High Court of Lagos per I. O. Kasali J.

BACKGROUND FACTS

The Respondent, being the owner of the property situate at Plot 12, Block B, Ogba Industrial Estate, Ogba, Lagos, Lagos

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State comprising of 2 (two) warehouses measuring approximately 20,800 square feet and an office block with a 4 (four) bedroom flat above, leased the aforementioned property to the appellant. By a writ of summons dated 8th April 1999, the Respondent instituted an action against the appellant in suit No. ID/875/99, for the recovery of the aforementioned premises. By mutual agreement of the parties, Terms of settlement was prepared and executed between the parties on 22nd April 1999 and same was made the judgment of the Honourable Court on 15th June 1999. It was a fundamental term of the Terms of settlement that the appellant shall vacate and deliver possession of the aforementioned property together with its appurtenances, to the respondent on or before 31st December 1999.