Mrs Nwakaego Ogbaji v. Mr. Okechukwu S. Atugbue (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABBA BELLO MOHAMMED, JCA (Delivering the leading judgment)

This is an appeal against the final judgment of the High Court of the Federal Capital Territory, Abuja (the trial court), delivered on the 5th day of April, 2016 by Hon. Justice Chizoba N. Oji in Suit No. FCT/HC/CV/3019/2011. The judgment is at pages 200 235 of the record of appeal.

The action giving rise to this appeal was commenced by the appellant at the trial court vide a Writ of Summons wherein she claimed the following reliefs against the respondent:

1. Ejecting the defendant from Shop No 2, Block B22 Section B, Wuse Modern Market, Abuja.
2. Vesting possession of same in the plaintiff
3. Cost of this suit.

The appellant claimed she was the owner of the property lying and situate at No. 2, Block B22, Section B, Wuse Modern Market, Wuse, Abuja which she rented out to the respondent at the sum of N1,000,000.00 (One million naira) only per annum, which tenancy commenced from 1st January, 2009 to 31st December, 2009.

The appellant claimed that the respondent paid the sum of N700,000.00 (Seven hundred thousand naira) only in two instalments but refused to pay the balance or renew her rent after the expiration of his tenancy despite service of the requisite notices on him.

In response to the appellants case, the respondent filed his statement of defence and counterclaim on the 21st of November, 2011, wherein the respondent counterclaimed as follows:

(a) A declaration that the defendant is the lawful and bonafide owner of Shop No. 2 Block B22, Section B, Wuse Modern Market, Abuja being the lawful allotee who bidded and won the bid for the Shop.

(b) A declaration that the plaintiff is not the owner or landlord to Shop No. 2, Block B22, Section B, Wuse Modern Market Abuja.

(c) A declaration of this honourble court that the defendant is not a tenant to the plaintiff, but beneficiary and rightful owner of the shop.

(d) An order of court directing the plaintiff, her counsel, assigns, heirs, or whomsoever claiming for the plaintiff from further interfering, harassing and disrupting the quiet enjoyment of the defendant on shop No. 2, Block B22, section B, Wuse Modern Market.

(e) An order of this honourable court directing the plaintiff to return to the defendant all his Shop documents and other personal documents within her custody to wit: original clearance slip from Abuja Markets Management Ltd, Deed of Sublease for Shop and Offer Letter from Abuja Investment and Property Development Company Ltd.

(f) A declaration that the plaintiff is only entitled to the sum of N800,000.00 (Eight hundred thousand naira) being the balance from N1,600,000.00 (One million six hundred thousand naira) only the money she lent the defendant.

(g) The cost of this suit.

(h) And any other further orders as this honourable court may deem fit to make in the circumstance.