Ayinke Stores Ltd V. Mr. S.A. Ola Adebogun (2008)

LawGlobal-Hub Lead Judgment Report

CHIDI NWAOMA UWA, J.C.A.

The Respondent as Plaintiff at Ibadan High Court claimed the following reliefs as endorsed in his writ of summons:

“(a) Possession of the 4 shops situate at 33 Abeokuta Road Ijebu Ode which the defendant (holds) as a yearly tenant of the plaintiff;

(b) The sum of N30,000:00 being arrears of rent for September, 2001 to June, 2002;

(C) Mesne profit at the rate of N3;000:00 per month from July, 2002 until possession is delivered;

(d) The sum of N60,000:00 being damages for breach of the tenancy agreement and

(e) Cost of this action.”

The defendant entered a conditional appearance, filed a statement of defence and counter-claimed. The counterclaim was later withdrawn and struck out on 21/2/05.

From the records, hearing in the trial court commenced on the 5th day of February, 2004 and ended on 21/2/05 with the close of the plaintiff’s case.

The defence did not call evidence but rested its case on that of the plaintiff’s.

The learned counsel for the appellant (the defendant) addressed the court on 12th day of May, 2005 in the absence of the parties while the Respondent’s counsel addressed the court, on 9th of June, 2005 judgment was reserved for Tuesday 19th July, 2005 it was not delivered until 21st October, 2005 when judgment was delivered in favour of the Defendant/Respondent.

The learned trial judge struck out the claim for possession which had been settled and withdrawn, granted arrears of rent in the sum of N3,000:00 per month from July 2002, to August 2004, general damages of N5,000:00 and costs of N5,000:00 to the plaintiff.

The Defendant/Appellant contend that because of several adjournments by the court registrar without any justifiable excuse as to the whereabouts of the learned trial judge, the appellant and counsel were not aware of the date the judgment was delivered and that hearing Notice was not issued after the long absence from court by the trial judge. Further that judgment was delivered after the mandatory statutory three (3) months period for delivery of judgment.

The Defendant/Appellant was not satisfied with the judgment of the court below and filed a Notice of Appeal which prayed for the following reliefs:-