Mrs. Angela Omolara Branco V. Wemabod Estates Limited (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment)

The grandfather of the Appellant Candido Da-Rocha entered into a lease agreement with National Bank of Nigeria Ltd for a term of 50 years commencing from 1st day of July, 1947 in respect of the property situate at No. 37 Marina, Lagos, known as Unity House. The interest of National Bank in respect of the lease was later transferred to the Respondent. The lease contains a clause which gives the Respondent the right to renew the lease for a period of 20 years after its expiration upon giving three months notice in writing to the Lessor. One of the terms in the lease is that the lessee shall pay the rent by yearly payment of Six Hundred pounds Sterling in advance.

The rent payable for the renewal period was fixed for Eight Hundred pounds Sterling. By a letter dated 10th February 1997, the Respondent’s Solicitor, Dr. F. A. Ajayi SAN, gave the required Notice to renew the lease, stating that he was doing so upon the terms and conditions in the lease. Although the lease expired on 30th June, 1997, the cheques were forwarded to the Appellants sister only on 10th February, 1998 and they were in Naira converted on the basis of two naira (N2) to one Pound sterling. The Appellant’s sister rejected the cheques and forwarded them back to the Respondent’s Solicitor.

In an amended statement of claim, the Claimants, now Appellants claimed possession of the property aforesaid. At the pre-trial conference, the Pre-trial Judge, with the consent of the parties referred the following questions to the Multi-Door court House:

“(i) Whether subsequent to the expiration on 30th June, 1997 of the original 50 years lease dated 23rd June, 1947 between both Parties in respect of the demise premises, the Respondent validly exercised the contractual option in the original lease to renew the lease for a further term of 20 years.

(ii) Having regard to the answer to the first question (supra) whether the Respondent from 1st July, 1997 is in lawful occupation of the demised premises.”

The Multi-Door Court Judge, Candide-Johnson J. after a thorough consideration of the questions, found as follows: –

“In effect all said and told on the foregoing reasoning and analysis, the two questions that have arisen for my determination must both be answered in the negative to wit that Respondent has not validly exercised the option to renew the original 1947 lease and secondly that the Respondent from or since 1st July, 1997 is not in lawful occupation of the demised premises in the absence of a complete agreement.”

The report of the Multi-Door court Judge dated 3/4/06 was thereafter forwarded to the Pre-Trial Judge who, because the Respondent did not accept the Report had to make an order that the case be transferred to a Trial Judge with the consent of the Parties.

While the trial was on, the Appellant filed a motion on 19/2/09 claiming the following reliefs:-

i. An Order adopting the neutral evaluation report of the Lagos Multi-Door Court House with regard to the two questions posed for determination by Hon. Justice Ojikutu-Oshode with the consent and approval of the parties herein attached and marked Exhibit A in the Affidavit of Olugbenga Paseda.

ii. An order for judgment to the claimants in terms of the findings in the report”.

The learned trial Judge in its Judgment dismissed the Appellants motion on 9th June, 2009. Dissatisfied with the stance of the learned trial Judge, the Appellant filed Notice of Appeal on 22/6/09. The said Notice contains seven grounds of appeal erroneously numbered up to eight. There is no ground of appeal No.4 in the said Notice of Appeal.

Out of the seven grounds of appeal, the Appellant has distilled four issues for the determination of this appeal as follows:-