Ali Abdul-rahman V. Pastor Raphael A. Kadiri (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Judgment)

The Appellant herein, who was the Plaintiff of the trial court is the owner of a property situate in Jos and known as No. 18 Abattoir Rood, Jos. It was his case from his pleading of the trial Court that the property comprised of five bedrooms, a garage and a store. He let out the property to the Respondent then Defendant, Pastor Kadiri Raphael Ayodele who occupied same for about fourteen years.

During this period, the Respondent denied the Appellant’s request to inspect the premises. The Appellant between the years 2000 and 2004 sought to recover the premises, and on the 25th of February, 2004, the Senior District Court Abattoir granted the Appellant’s prayer to inspect the premises. That the Respondent therefore only agreed the Appellant’s access to the premises on the 1st of March, 2005.

On the 26th of February, 2005, the Respondent who had moved out of the premises six months earlier returned to clear the over grown grasses. He was also on the premises on the 27th February, 2004 between 10.30a.m and 11.00a.m. The premises caught fire and burnt down completely. The police and Fire service did not buttress the Respondent’s claim that he lost properties in the incident neither did he lodge a report to that effect with the police. The Appellant however reported the incident to the police and the parties were advised to resolve the matter amicably.

The Appellant rejected the Respondent’s offer of N150,000.00 on the premise that it was meager. The Appellant also alleged that he refused to accede to the Respondent’s request that the property be sold to him and as a result, the Respondent told him he would not give up possession peacefully. The Appellant in the circumstance relieved the fire started inside a room which only the Respondent had access since he had locked the room and the gates with his lock. Based on the foregoing the Appellant as Plaintiff therefore sought for the following reliefs from the Respondent as Defendant:

(a) A declaration that the fire incident that burnt the plaintiff’s property at No. 18 Abattoir Road Jos was an act of the defendant or occurred as result of the negligent act of the defendant by his failure to take proper care of the premises. Having vacated same for over six months retains possession forcefully.

(b) The sum of N500,000,00 (Five Hundred Thousand Naira) only being general damages for his deliberate and unlawful act of burning plaintiffs and the inconvinences caused the act.

(c) The sum of N1.1m (One Million and Hundred Thousand Naira) only being estimated by value Rebuilding plaintiffs property burnt down in the inferno.

(d) The sum of N100,000,00 (One Hundred Thousand Naira) only yearly from the months of March 2004 judgment being the yearly tenancy rate been earned by plaintiff as at time premises was burnt.

(e) The total utility bills in respect of water and electricity bills which is due and unpaid in the premises.

(f) The Sum of N250,000.00 being the solicitors fee paid to the firm of ALLEH OKPEH & for handling this matter and which represents approximately 10% of the total claim.

(g) 25% interest per annum on the judgement sum from the month of March 2005 till judgment and thereafter 10% per annum till full liquidation of the entire judgment debt.

(h) The cost of action.

The Respondent as Defendant in his statement of defence admitted renting the premises from the Appellant which he used for Church counselling in the morning hours. The Church encountered some financial difficulties and was unable to pay the rent. He pleaded with the Appellant for time to pay the rent but that he refused and rather commenced the Process of evicting him. The Respondent found it difficult to vacate because he had not found an alternative accommodation. He did not reside in the building and so did not use electricity for cooking. That the Appellant came to the premises and disconnected the electricity deliberately to set the premises ablaze or to allow for leakage of electric current resulting in the inferno. The Respondent denied being in the premises when it got burnt on the 27th of February, 2004.