Abdullahi Umar Bolori V. Emeka Offorke (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the decision of Borno State High Court of Justice sitting in its appellate jurisdiction presided over by Justice U.B. Bwala and C.A. Mamza delivered on 30th September, 2004 wherein the Court reviewed the mesne profit awarded to the Appellant by the trial Court. It is against the review that the Appellant appealed to this Court.

I will adopt the statement of fact as captured by the Appellant.

(1) The Appellant rented out his plot of land to the Respondent for two years only at the rent of N50,000.00 per annum. (See Exhibit “A” and lines 5 to 22 page 5 of the record of proceedings.)

(2) At the expiry of the tenancy the Respondent held over the land for three years and denied the Appellant possession.

(3) During the three years the Respondent rented out the premises to a Company Impresit Bakolori Ltd at the rent of N300, 000.00 per annum.

(4) As a result of the wrongful held over of the land by the Respondent, the Appellant went to Borno State Rent Tribunal for recovery of possession and mesne profit for the three years, the Respondent wrongfully held over the land.

(5) Before the Rent Tribunal, the Appellant adduced evidence as to value of the land for three years the Respondent wrongfully held over at N300,000.00 per annum (see page 5-6 lines 24 – 100 of the record of the proceedings).

(6) The trial Court ordered possession to the Appellant with mesne profit and cost and the judgment was executed.

(7) The Respondent dissatisfied with judgment of the trial Court and appealed to High Court in its appellate jurisdiction.

(8) That Court below partially granted the appeal by reviewing the mesne profit awarded the Appellant to N50, 000.00 per annum for the three years.

(9) Dissatisfied with the decision of the Court below, the Appellant appealed to this Court.

The Appellant’s brief was settled by H.Y. Mshelia and filed on 15th December, 2006. In it he formulated one issue for determination viz:

“Whether in view of the Law and evidence adduced in this case the High Court was not wrong in reviewing the mesne profit the Appellant is entitled to N50,000.00 per annum.”