Alhaji Musibau Majolagbe & Anor V. Madam Ashake Pereira & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the judgment of the Lagos High Court, Hon. Justice A. J. Coker, delivered on the 17th of October, 2008. The Respondents herein (then Claimants) filed a Writ of Summons dated the 24th day of September, 2003 at the High Court of Lagos State, Lagos Division (hereinafter referred to as THE LOWER COURT), against the Appellant’s (then Defendants).

Upon being caught up by the High Court of Lagos State (Civil Procedure) Rules 2004, the Respondents (then claimants) complied by filing their Statement of Claim dated the 24th day of May, 2004 and other processes wherein they claimed the following reliefs against the Appellants (then Defendants) as follows:

(a) Rents of 5 rooms due from the 1st Floor of the building at 71B, Docemo Street, Lagos at the rate of N50,000.00 per year from 1st January, 2004 to 31st December, 2005.

(b) Possession of the 3 storey building at No.71B, Docemo Street, Lagos at the expiration of the Agreement granted to the 1st Defendant on the 1st day of December, 2005.

(c) N500, 000.00 (Five Hundred Thousand Naira only) General Damages to the Plaintiffs from the Defendants (page 5 of the Record of Appeal).

The Appellants (then Defendants) filed their Statement of Defence dated the 13th day of January, 2005. The Respondents (then Claimants) thereafter filed their Reply to Statement of Defence dated the 28th day of April, 2005. Trial was thereafter commenced and eventually concluded on the 17th day of October, 2008, judgment was entered in favour of the Respondents (then claimants) granting all their reliefs sought. Being aggrieved by the judgment of the Lower Court as mentioned above, the Appellants (then Defendants) hereby brings this Appeal.

In pursuance of the Prosecution of the Appeal, Appellant’s Brief of Argument settled by Ademola Solesi Esq., dated and filed the 24th of June, 2009.

Two issues were distilled for determination as follows:

(1) Whether the learned trial judge at the lower did not err (with all due respect) on the side of improper or non-evaluation of material evidence to justify the setting aside of the judgment entered on the 17th day of October, 2008?

(2) Whether the Respondents are entitled to the reliefs sought at the lower court.

The Respondent’s Brief of Argument dated and filed on 16th October, 2009 was settled by L. A. Omar Esq. He adopted the two issues as formulated by the Appellants in their Brief of Argument to wit:-

(1) Whether the learned trial judge at the lower court did not err (with all due respect) on the side of improper or non-evaluation of material evidence to justify the setting aside of the judgment entered on 17th day of October, 2008?

(2) Whether the Respondents are entitled to the reliefs brought at the Lower Court?