Access Bank Plc V. Chief Christian M. Nwokedi & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the leading Judgment)

This appeal is against the decision of the High Court of Anambra State, holden at Onitsha in the judgment delivered on 10/5/12 in respected of Suit No. 0/1/2010, commenced by the respondents through the Writ of Summons filed with the Statement of Claim on 16/3/10 for the following reliefs against the appellant as averred in paragraph 10 of the Statement of Claim:

a. a total sum of N32,500,000.00 (Thirty Two Million five Hundred thousand Naira) covering the Defendants’ rent due to the plaintiffs with respect to the Defendants’ sublease of the plaintiffs landed property at No. 6 New Market Road, Onitsha for the period 1st November, 2009 to 31st October, 2014.

b. N10,000,000 (Ten Million Naira) damages for the breach of the sublease agreement between the parties.

In the statement of defence of 7 paragraphs filed on 7/5/10, the appellant averred that the claim of the respondents be dismissed for want of merit and for being an abuse of the judicial process. The respondents filed a Reply to statement of defence, and at the hearing, the respondents called one witness while the appellant did not call any witness but cross examined the respondent’s witness. In the judgment of the trial court per Hon. Justice A. O. Okuma, the respondents’ claim for N32,500,000 was granted with an award of N1,500.000.00 damages out of the N10,000,000 claimed by the respondents.

Dissatisfied with the decision of the trial court, the appellant filed the Notice And Grounds of Appeal that originated this appeal on 14/5/12 with seven grounds of appeal, and in the Appellant’s Brief of Argument settled by G. B. Obi of counsel and filed on 16/7/12, the following issues were distilled for determination;

(i) Whether the decision of the High Court that the Suit is not an abuse of Judicial process is right.

(ii) Was the High Court right to have deemed the Statement of Defence as abandoned and its consequent evaluation of the case of the respondents from that stand point.

(iii) Whether the decision of the High Court that the respondents proved that there was a renewal of the sublease and entitled to the reliefs sought is correct.

(iv) Assuming there was a renewal of the sublease is it enforceable?

(v) Whether the High Court was right to have awarded the respondents’ claim of N32,500,000.00 being rent for the sublease and general damages of N1,500,000.00.

The Respondents’ Brief of Argument was prepared by Onyechi Araka and filed on 31/7/12, two issues were formulated for determination as follows:

1. Whether the lower court was in any respect wrong when it held that the institution and subsequent prosecution of the suit leading to this appeal by the respondents whilst Suit No. 0/182/2006 filed by a 3rd party to it was still pending did not constitute an abuse of court process.
2. Whether the lower court was in any respect wrong in granting the respondents’ reliefs having regard to the most compelling and unchallenged evidence proffered before it and abandonment of the appellant’s pleadings by the Appellant when she failed to profer any evidence to the contrary.

The respondents as plaintiffs at the trial court had claimed to be owners of a three storey building known as No. 6, Market Road, Onitsha, the ground and 1st floors of which were leased to Marina International Bank Limited for a term of six years from the 1st July of November, 2003 at the total of N25,200,000.00 i.e. annual rent of N4,200,000.00 which the sublessee paid to the respondents.

The appellant in this appeal, Access Bank Plc later acquired the assets of the said Marina International Bank Ltd. including the demised premises during the pendency of the sublease. The appellant indicated her intention to renew the tenancy and to retain the premises through the letter of 5/5/09 and the respondents through the letter of 27/5/09, accepted the offer of renewal of the tenancy for a period of five years on an annual rent of N6,500,000.00.