Alhaji Abubakar Girgiri V. Elf Marketing Nigeria Limited (1996)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

The appellant as plaintiff in Suit No. M/163/94 before the Maiduguri High Court of Borno State brought a suit against the respondent (as defendant) claiming the following reliefs:

“(i) A declaration that the purported deed of sublease is illegal, null and void and of no effect whatsoever.

(ii) In the alternative, a declaration that the tenancy shall be a period of 8 years and shall expire on the 11th June, 1998.

(iii) An order directing the defendant; its agents, servants and privies to vacate the petrol filling station together with the appurtenances thereon on or before the 11th June, 1998.

(iv) An order directing the defendant to put back the petrol filling station in tenatable conditions and to replace all damaged fixtures, fittings and other appliances.

(v) Cost to this suit.

(vi) Further other reliefs.”

The dispute arose in respect of a piece of land along Airport Road, Maiduguri of which the plaintiff was a lessee. The plaintiff granted a sublease of the said land to the defendant. The plaintiff claimed that the demised term in the sublease was for a period of eight years. The defendant claimed it was for a period of 25 years. The plaintiff was paid rents of N400,000.00 less 15% withholding tax of N60,000.00. This was rents for eight years. The plaintiff also pleaded that the sublease agreement between him and the defendant was not interpreted to him either in Hausa or Kanuri and that he could neither read nor write in English in which language the agreement was made. The defendant denied that the plaintiff was an illiterate and that the agreement was not interpreted to him before he signed it.

The parties filed and exchanged pleadings. In the statement of defence filed, the defendant, raised the issue of the lower court’s jurisdiction thus is paragraph 3:

“3 The defendant avers that under the sublease, all disputes arising therefrom shall be referred to a sole arbitrator and where the parties disagree on the choice of an arbitrator, same shall be appointed by a Judge of the High Court where the land is situate. The defendant shall rely on the sublease agreement.

The defendant later filed a notice of preliminary objection wherein it stated that the lower court had no jurisdiction to try plaintiff’s suit arising from a clause the sublease agreement that disputes arising therefrom be referred to an arbitrator. The defendant filed an affidavit in support of the notice of preliminary objection. The plaintiff filed a counter-affidavit and paragraphs 2 and 5 thereof reads –

“That the plaintiff/respondent informed me of the following and I verily believe same to be true;

(a) that the contents of Exhibit ‘A’ attached to the said affidavit were not interpreted to him by the representatives of the defendant/applicant, but that the parties agreed before same was drafted that the lease shall be for only a period of 8 years at the rate of N50,000.00 less 15% withholding tax and that if the parties so desire at the expiration of the tenancy, a further term of tenancy can be agreed upon after a review of the rent payable.