Andrew Osumuo V. Samuel Udeaja (2008)

LawGlobal-Hub Lead Judgment Report

MOHAMMED L. TSAMIYA. J.C.A.

This is an appeal against the judgment of Anambra State High Court (herein referred to as the trial court) sitting in the Nnewi Judicial Division. The judgment appealed against was delivered on 20/1/2004 in suit No. HN/93/2001. The Plaintiff claimed against the defendant as follows:

(a) A declaration that:

(i) The plaintiff is entitled to possession and use of that certain piece or parcel of land known as and called “MBANA” land otherwise known as No.17 Onitsha – Owerri (or Oguta) Road, Nnewi within the jurisdiction of this Honourable Court.

(ii) The demand by the Defendant from the Plaintiff of the sum of N600,000.00 (Six hundred thousand Naira) additional consideration on the said Mbana land is unconscionable and wrong in law, and

(iii) The plaintiff is entitled to a statutory right of Occupancy in respect of the said Mbana land.

(b) Relief from any forfeiture of the said Mbana land on ground of non-payment of annual rent reserved on the said Mbana land by the Plaintiff to the Defendant, or for any other cause or reason.

(c) The sum of N500,000.00 (Five hundred thousand Naira) general damages for the various acts of trespass committed by the Defendant on the said Mbana land without the consent of the Plaintiff.

The respondent on the other hand denied all the appellant’s claim and counter-claimed against the appellant as follows:

(a) A declaration that the leasehold interest created by the Deeds of Lease had determined/ceased to be operative.

(b) A declaration that the re-entry into the demised land by the Defendant was proper.

(c) An Order of forfeiture against the plaintiff over the said demised land.

(d) A declaration that the plaintiff has grossly violated the terms and conditions of the said lease.

(e) An order of Court compelling the Plaintiff to pay up the arrears of rent at the current (prevailing) value of pounds sterling to the naira.