Mrs. Jemilat Folarin v. Mr. Farajdeen Ayodele Agusto (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, holden at Lagos, delivered on 14th June, 2005 in appeal No. CA/L/71/1998 wherein the court below dismissed the appeal of the appellant and upheld the judgment of the trial court in favour of the respondent.

The facts of the case which has now given rise to this appeal in summary are that the original plaintiffs (now deceased) being the two surviving administratrixes of the estate of their father, Late Chief Imam L. B. Agusto who died intestate on 26th July, 1971, commenced this action at the High Court of Lagos State vide a writ of summons and statement of claim dated 10th March, 1993.

It was upon their demise that the respondent was substituted by order of court dated 6th April, 2016. In the said action, the respondent (as plaintiff) claimed as follows:-

(a) Declaration that the defendant has forfeited the lease entered into between her late husband and late Chief Imam L. B. Agusto sometime in 1969 for a period of 99 years by reason of nonpayment of yearly rent on the 4 plots of land lying situate and being at Isolo, Lagos State.

(b) Possession of the plots of land yet to be developed by the defendant lying, situate and being at Isolo, Lagos State.

(c) Arrears of rent on the 2 plots of land already developed by the defendants late husband from 1982 till date of filing this suit.

(d) Perpetual injunction to restrain the defendant, her servant and privies or any person or group of persons claiming through her from entering upon or further trespassing on the said 2 plots of land yet to be developed by the defendant at Isolo, subject matter of this suit.

The gist of the case culled from the pleading and evidence led by parties is that the respondents late father had a vast area of land at Isolo, Lagos State. By a lease agreement dated 18th October, 1963 he leased out four plots of land being plots 7, 8, 9 and 17 out of the vast land to the defendant’s late husband.

The leasehold is for a period of ninety-nine years at an annual rent of 5 pounds for the first twenty years subject to revision every twenty years. During the life time of the two signatories to the lease, appellant’s deceased husband failed to pay rent on the property to the late chief Imam Agusto.

The late chief Imam Agusto died on 26th July, 1971 whereof the appellants husband still failed to pay rent to the Respondent as administratrixes inspite of repeated demand until he also died in 1986.

Before his death, the appellant’s husband had erected a building on two out of the four plots and fenced the land. The appellant, upon the death of her husband, continued in possession of the land i.e. resident in the building erected thereon by her late husband.

The appellant too refused to pay rent in respect of the four plots of land inspite of repeated demands following which refusal the respondents served her with notice of forfeiture of the lease dated 28th, December, 1992. It was the appellant’s refusal to give up possession that led to the commencement of the action at the trial court wherein the claims aforementioned were made against the appellant.

The appellants case on the other hand, is that her late husband paid up the rents due on the term of the lease by the time of his death in 1986. That she has been in occupation of the house erected on the land before and after the demise of her husband and the first time she saw the respondent was when they came to her husband’s house with thugs and soldiers.