Moshood Adelakun V. Nurudeen Oruku (2006) LLJR-CA

LawGlobal-Hub Lead Judgment Report

SALAMI, J.C.A. 

 In the High Court of Lagos State, in the Ikeja Judicial Division, the plaintiff endorsed his writ of summons dated and sealed on 22nd day of November, 1996. The plaintiff’s claim which went to trial eventually on the statement of claim is as follows –

“Whereof the plaintiff claiming against the defendant as follows-

(1) An immediate possession of properties (sic) Nos. 12 and 44, Obafemi Awolowo Way Ikeja, Lagos which properties (sic) had been unlawfully and illegally occupied by the defendant.

(2) The sum of N394,700 (…) being the amount due and payable to the plaintiff from the defendant for the use and occupation of the two premises since 1st April, 1990 to date.

Particulars of Claim

(i) Amount due and payable to the plaintiff for the use and occupation of 44 Obafemi Awolowo Way, Ikeja for the period 1st January, 1991 to December, 1992 N14,200.

(ii) Amount due to the plaintiff on 44, Obafemi Awolowo Way, Ikeja from 1st January, 1992 to November 1996 at the rate of N60,000 per annum N235,000.

(iii) Amount due to the plaintiff on 12, Obafemi Awolowo Way, Ikeja from the defendant for the use and occupation of same for the period of 1st January of 1992 to November 1996 at the rate of N30,000 per annum. N147,500 Total N396,700.00.

The plaintiff shall further claim for the use and occupation of the premises at the rate of N64,000.00 per annum for premises No. 44, Obafemi Awolowo Way, Ikeja, Lagos and N30,000.00 per annum for premises No. 12 Obafemi Awolowo Way, Ikeja from the commencement of this action until the defendant finally vacates the premises.”

The defendant joined issues with the plaintiff by his statement of defence dated 31st January, 1997.

The two parties testified in support of their respective positions and each called two witnesses. Several documentary evidence tendered and marked exhibits P1-P20D were put in evidence by the parties. And at the close of the evidence by both parties, written addresses ordered by the learned trial Judge were submitted. Learned trial Judge, in a reserved and considered judgment found as follows-

“In the premises and for all of these reasons, I find for the plaintiff herein and his claim succeed in its entirety.

I grant to the plaintiff therefore –