Ambassador Mike Gbasha V. Lovebet (Nig) Ltd. (2005)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LADAN TSAMIYA, J.C.A.

This is an appeal against the Ruling of the High Court of Benue State sitting in Makurdi Division in its original jurisdiction in suit No.: MHC/158/96 delivered on 20/3/1998.

The Plaintiff, (who is the Respondent herein) filed an action against the defendant (now Appellant herein) in the High Court (referred herein the trial court) claiming as follows:-

(a) N87,112.50 (Eighty Seven Thousand, One Hundred and Twelve Naira, Fifty Kobo) as unpaid accommodation fee for chalet No.: 205 at the rate of N250.00 (Two Hundred and Fifty Naira only) Hotel day/Night plus 15% Valued Added Tax (V.A.T.) from 14th August, 1995 to 15th July, 1996, the two dates inclusive.

(b) N250:00 (Two Hundred and Fifty Naira only) plus N37:00 (Thirty Seven Naira only) VAT, totaling N287:50 (Two Hundred and Eighty Seven Naira, Fifty kobo) per Hotel day/night from and including 16/7/96 till judgment is delivered and complied with.

(c) A Declaration on that the Appellant’s threat to take over possession of the premises in issue as above recited and his disruption/disturbance of the business threat are in breach of the Tenancy agreement of 2nd January, 1995 and is against equity and good conscience.

(d) N500,000.00 (Five hundred thousand Naira only) in general damages for breach of the Tenancy agreement of 2nd January, 1995.

(e) A perpetual injunction restraining the Appellant and his agents/privies, corn further harassing the Respondent’s Love-bet Hotel, Gboko or anywhere on the facts on issues herein concerned, pending the determination of the Tenancy agreement.

(f) A perpetual injunction restraining the Appellant and his agents/privies from further attempting to or actual taking over by force intrigue or conspiracy the possession of the premises, housing of Love-bet Hotel, Gboko or concerned in the Tenancy agreement of 2nd January, 1995.

The Writ of Summon regarding this suit was filed on 15th day of July, 1996; through Receipt No: BN 079058. while suit was pending before the trial Court, the Respondent, by Receipt No: BN 285044 filed Motion No: MHC/90m/98 seeking the following:-

(a) An Order compelling the Appellant to re-open No: 1, Jacob Damjor Street, G.R.A., Gboko and to allow the Respondent’s Hotel business to flow till the determination of the substantive suit.

(b) An Order compelling the Appellant and his agents/privies to cease his rampageous acts of molesting the staff and Guests, bringing business to a halt and sealing the premises of the respondent Gboko Love-bet Hotel at No: 1, Jacob Damjor street, Gboko, by the use of violence, thugs or any illegal and improper means until the determination of the substantive suit.

(c) An Order directing the Chief Bailiff or a representative of this (i.e. lower court) to witness the re-opening of the Respondent’s Hotel premises at No: 1, Jacob Damjor street G.R.A., Gboko, and the taking of inventory of property and equipment there at for the purpose of marking and ascertaining any damage or loss pending determination of the substantive suit.

(d) Leave to amend the Respondent’s Statement of Claim in the substantive suit No.: MHC/158/96.