Attorney -general Of The Federation & Ors V. C. O. Sode & Ors. (1990)

LawGlobal-Hub Lead Judgment Report

BELGORE, J.S.C.

The plaintiffs in the trial High Court, now respondents, took out a writ of summons as executors of the estate of Chief Samuel Oyekoya Oyelate Sode, (deceased), who was the owner of the property on the plot variously known as 132, Yakubu Gowon Street or Broad Street, Lagos. The property is a two storey building and the claim inter alia was as follows:

(i) “Possession of the ground floor business premises with appurtenances situate at 132 Broad Street, Lagos from 2nd and 3rd defendants.

(ii) N6,000.00 arrears of rent for the period between 1st day of August, 1979 and 31st day of July, 1980 from the 1st defendant to the plaintiffs.

(iii) N50,000.00 per annum against 2nd and 3rd defendants for use and occupation of the said premises with effect from 1st day of August 1980 until possession is given up.”

The writ further explained in the endorsement as follows:

“The 1st defendant was a yearly tenant of the plaintiffs while the 2nd and 3rd defendants are trespassers of plaintiff’s premises.”

“The annual rental value of the premises is about N50,000.00.”

In 1971, the street which was from the time it was constructed known as broad street, was renamed Yakubu Gowon street, it has reverted to the former name from 1975. By a deed of lease dated 15th day of June, 1971 between the deceased, Chief Sode, and a Lebanese by the name Adnan El’Fayad, the lessee (Fayad) was to hold the ground floor of 132 Broad Street for twenty-five years at the yearly rent of 33,000 and four years rent amounting to 312,000 was paid in advance. Mr. Fayad apparently took possession of this ground floor. Not long after Mr. Fayad was deported from Nigeria. The deed of lease, exhibit C, was tendered at the trial court. By a letter exhibit D, written by Messrs. T.A. Oyagbola, solicitors, to Messrs Gbenga Adenowo, solicitor for the deceased, it would appear that Adnan Ahmad Fayad assigned the remaining term of the lease to Messrs Jebs Limited. The letter written on 19th June, 1972 reads:

“Dear Sir,

NOTICE OF INTENTION TO ASSIGN LEASE OF NO.132, YAKUBU GOWON STREET,LAGOS

With reference to your letter dated 13th June, 1972 our clients, Messrs Jebs Limited are arranging to pay the arrears of telephone bill. Mr. Adnan Ahmad Fayad, in accordance with clause 3(iii) of the lease agreement, has assigned the premises to Messrs Jebs Limited.

As indicated at paragraph 2 of your letter, we are expecting your letter as early as possible.

Yours faithfully,