M.C. Agbamu V. D. K. Ofili (2003)

LawGlobal-Hub Lead Judgment Report

AMINA ADAMU AUGIE, J.C.A.

The appellant was a tenant of the respondent for many years in a three bedroom flat and premises situate and lying at No.1 Osagie Street, Boji-Boji Agbor-Obi, in suit No. IACC/115/95, the respondent who was the plaintiff therein claimed for:
“(a) possession of the said flat and premises;
(b) the sum of N6,400.00 (Six thousand four hundred naira) representing the arrears of rents from April 1995; and
(c) mesne profits at the rate of N2,500 (Two thousand five hundred naira) per month from the month of August 1995 till possession of the flat and premises is delivered to the plaintiff.”

The appellant who was the defendant therein also filed a cross action against the respondent at the said Ika South Area Customary Court, Agbor-Obi in suit No. IACC/121/95, wherein he claimed as follows:
1. A declaration that the notice of rent increase issued by the defendant and dated 23rd February, 1995 is illegal, unreasonable, null and void and without any effect whatsoever.

2. A declaration that the plaintiff is still a lawful tenant of the defendant who has not breached the terms of the tenancy of house No.1 Osagie Street, Boji-Boji Agbor.

3. In the alternative, an order of this Honourable Court fixing and defendant (sic) according to the standard rents payable by virtue of the Rent Control (Standard and Maximum Rent) Order 1977, applicable to Delta State.

4. An order of perpetual injunction restraining the defendant, his servants and or agents from evicting or threatening to evict or eject the defendant from the premises known and called No.1 Osagie Street, Boji-Boji, Agbor.

The two suits were consolidated and heard in the same proceedings by the trial court. At the end of the trial, the Ika South Area Customary Court, Agbor-Obi delivered two separate judgments for the said suits on the 11th of August, 1997. The trial Customary Court upheld the respondent’s claim, although, it fixed the rent payable by the appellant at N1,300.00 per month.

It dismissed the appellant’s claim. The appellant aggrieved by the decision of the trial Customary Court appealed to the Agbor High Court in suit No. AG/2A/98 on the following grounds:
1. The decision is against the weight of evidence.

2. The trial court erred in law when it exercised jurisdiction in fixing the rents payable for No. 1 Osagie Street, without regard to the Rent Edict of 1985.

3. The trial court erred in law when it held that there did not exist material contradictions in the evidence of the plaintiff as to the purpose and intent of exhibit ‘A ‘.

4. Further and additional grounds of appeal to be filed when certified copy of proceedings is received.

The respondent, also aggrieved by the amount awarded him by the trial customary court as mesne profit, appealed to the Agbor High Court on the following grounds of appeal – “The lower court erred in law and in fact when it fixed the mense profit payable in respect of the three-bedroom flat situate and lying at No.1 Osagie Street, Boji-Boji Agbor at N1,300.00 per month.”

In its judgment delivered on the 9th of May, 2000, the Agbor High Court presided over by Dial, J. dismissed the appellant’s appeal.

It, however, allowed the respondent’s cross appeal and awarded the sum of N1,600.00 to the respondent as mesne profit. The appellant further aggrieved by the decision of the Agbor High Court has further appealed to this court against the said judgment of the Agbor High Court.