Abdullahi & Brothers Musawa Limited V. Arewa Textile Limited (2004)

LawGlobal-Hub Lead Judgment Report

JOSEPH JEREMIAH UMOREN, J.C.A.

The facts that led to this appeal are as follows: The respondent granted a lease of a plot of land lying and situate at Kaduna South to the appellant for a term of 40 years. The deed of lease required payment of the rent for the period of 40 years to be made in advance. Pursuant to the provisions of the deed, the appellant made the payment for the 40 years to the respondent commencing from 1970. Under the lease, the ground rent for the plot was to be payable to the Government of Kaduna State and was to be the responsibility of the appellant. The appellant complied with this requirement from 1970 to 1979. It defaulted from 1980 to 1994 a period of 14 years.

By a letter dated 25/10/94, the respondent’s solicitor gave the appellant “notice to quit” requiring the appellant to quit the premises and deliver up possession of the property to the respondent not later than three months from the date of the letter. In the letter, the appellant’s notice was directed at its failure to pay rent for the period 1980 -1994. Other breaches of convenant in the deed were alleged to have been committed by the appellant. It was also required to pay the sum of N27,586.49 before the expiration of the three months from 25/10/94.

Negotiations between the solicitors to the parties broke down somewhere along the line.

On 21/2/95, the respondent sued the appellants.

The claim before the lower court was as follows:

“a. Recovery of possession of the whole of the building and field or premises with all the appurtenances thereof, known, situate and lying at Plot 1 & 2, Kubani Crescent, Kaduna South, Kaduna State (hereinafter called the premises) covered by certificate of occupancy No. 198 dated 23/8/72, which the defendant was put into possession by the plaintiff as sub-lease for the period of 40 years commencing on 24/4/70 and ending on 25/4/2010.

b. A declaration that the defendant is in breach of the sublease agreement made between the plaintiff and the defendant dated 14/7/73 and therefore:

(i) The defendant is no longer a sub-lease to the plaintiff in respect of the said premises.

(ii) The plaintiff is entitled to enter and take possession of the said premises.

c. An order terminating and or setting aside the said sublease agreement for the defendant’s breach of the terms and conditions of the said sub-lease agreement.

d. An order compelling the defendant, its servants, employees, agents and or privies to vacate the said premises and deliver up same to the plaintiff in good and tenantable repairs.

e. The payment (or refund) of the sum of N27,568.49k (Twenty-seven thousand, five hundred and sixty-eight Naira, forty-nine kobo) being the outstanding ground rents on the said premises paid by the plaintiff for period of 1980 – 1994.

f. An order compelling the defendant to settle or pay out any other outstanding or existing ground rent from 1994 and taxes, rates, water bills, and electricity bills to the appropriate government and non-governmental bodies at the appropriate rate until possession is given up.