A. Abdussalalm, Esq. for 2nd-4th Respondents.For RespondentREGISTERED TRUSTEES OF THE LIVING CHRIST MISSION & ORS v. DR. OSITA ADUBA & ANOR (2016)

LawGlobal-Hub Lead Judgment Report

This is an appeal against the judgment of the High Court of Anambra State delivered on 19-11-2012 by His Lordship Vin Agbata J in consolidated suits No 0/390/92 and 0/92/2012.

The respondents who were defendants in the consolidated suits were the first to sue the appellants at Onitsha Magistrate Court in suit No MO/660/92, which suit was transferred to the Anambra State High Court at Onitsha and renumbered as suit No O/92/12. The respondents claimed for-
1. Arrears of rent from the 1st day of June 1991 to the 31st day of May 1992 at the rate of #2,400.00
2. Mesne profits from the 1st day of June 1992 to the 31st day of May 2002 at the rate of #60,000.00 per annum; and #96,000.00 per annum from the 1st day of June, 2002 until possession is given.
3. Possession of the said premises which situate at No. 42 Mba Road Onitsha
4. #100,000.00 being general damages for loss of use of the family house and premises situate at No 42 Mba Road, Onitsha.

The appellants who were plaintiffs in the consolidated suits took out suit No 0/390/92 as a cross action

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claiming for-
1. Declaration of Court that the plaintiffs being special tenants, in the premises the subject matter of litigation in this suit, is entitled to continue to remain in the possession of same.
2. The sum of #3,200,000.00 being special damages against the defendants, that is to say, the cost of the structures which would be equivalent in size to the one the plaintiffs has erected in the premises in dispute.
3. Injunction restraining the defendants, particularly the 1st defendant, from further interference with the plaintiffs occupation and enjoyment of the building in the said premises, No. 42 Mba Road, Onitsha.

Following conclusion of evidence by both sides and after each party had adopted their written final address, the trial Court on 19-11-2012 rendered judgment dismissing the appellants claim and granting the respondents counter claim. This verdict is contained in the concluding part of the judgment thusly- I am, therefore, of the most humble opinion that there is no merit in the claims of the plaintiffs in suit No 0/390/92. The suit is, therefore, hereby dismissed. On the other hand, the

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claims of the defendants, as the plaintiffs in suit No MO/660/92 which was later renumbered 0//92/12, are hereby sustained. The plaintiffs in the consolidated suit shall therefore, pay to the defendants in the consolidated suits the sum of #60,000.00 per annum being mesne profits which is assessed from the 1st day of June 1992 to 31st day of May 2002, and at the rate of #96,000.00 per annum from the 1st day of June 2002 until possession is given up. The plaintiffs in the consolidated suits are, also, hereby ordered to give up immediately, in favour of the defendants in the consolidated suits, the entire premises including the three bedroom flat in the main building and the bungalow of two rooms together with the appurtenances thereto situate at and otherwise known as No 42 Mba road, Onitsha. No order as to costs.

Dissatisfied with this judgment the appellants, on 20-11-2012 commenced this appeal No CA/E/109/2013 by filing a notice of appeal containing 5 grounds for the appeal.

Both sides have filed, exchanged and adopted their respective briefs.

The appellants brief raised the following issues for determination-
ISSUE ONE

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ARISING FROM GROUND ONE
Whether the learned trial judge was right to hold that no special type of tenancy existed between the 1st plaintiff/appellant and late Mr. Osita Aduba with respect to the 2 room bungalow (boys quarter) which they built with the consent of the Osita Aduba other than yearly tenancy based on the mode of payment.

ISSUES TWO ARISING FROM GROUND TWO
Whether the plaintiffs/appellants demand for compensation of the two room boys quarters they built in the premises of late Osita Aduba with his permission is proper and supported by law and commonsense.