Bocas Nigeria Limited V. Wemabod Estates Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A.(Delivering the Leading Judgment)

This Appeal stems from a tenancy dispute between the Parties involving a property at 27 Adele Street, Apapa, Lagos. The Appellant took possession of the property in 1996, and paid its rent regularly until 2001 when it stopped paying on the ground that it had expended on the repairs of the property, and was entitled to stay on for at least 5 years before paying any rent at all.

Fed up with its excuses for not paying rent, the Respondent briefed its Solicitor to recover the arrears of rent and possession of the premises. The Solicitor issued and served it with a Notice to Quit dated 20/4/2005, and when the Appellant refused to vacate, the Solicitor issued and served it with a second Notice to Quit dated 1/11/2005. Thereafter, the Respondent instituted an action at the Lagos State High Court, wherein it claimed –

a) An immediate possession of the premises known as 27, Adele Street Apapa, Lagos forthwith.

b) Arrears of rent of N800,000.00 from 1/11/2001 to 31/10/2005 at the rate of N200,000.00 per annum.

c) Mesne profit at the rate of N16,666.66 per month from

November 2005 until possession is yielded and also cost of the Suit.

Upon being served, the Appellant entered appearance and also counter-claimed as follows in paragraphs 16-20 of its Amended Statement of Defence/Counter-Claim-

16. A Declaration that the Defendant [Appellant herein] is entitled to deduct a total of N1,083,100 being the total money expended on the repairs of property No.27 Adele Road, Apapa Lagos.
17. An order that the Defendant [Appellant herein] is entitled to stay for at least 5 years, that is from 2001 to 2006 at the subsisting annual rent of N200,000.00 per annum before paying any rent at all.
18. An Order that Claimant [Respondent herein] is not entitled to –

(a) Possession of the premises known as 27, Adele Road Apapa Lagos having allowed the Defendant [Appellant herein] to alter his position through its approval of the repairs and conduct only to renege.

(b) To any arrears of rent

(c) To any Mesne Profit

19. A Declaration that the Claimant [Respondent herein] has clearly breached its responsibilities under the terms of the offer of lease to the Defendant where the landlord was supposed to have

kept the external structure in good repairs, including the roof, boundary fence, and roadways and to be responsible for external decorations as well as to clear and light the stairways and common path of the building.

20. A Declaration that the agreement reached at the September 24, 1996 meeting at which the Defendant [Appellant herein] was expected to carry out both immediate and subsequent repairs on the property constitutes an approval.

After Pre-trial Conference, the Respondent opened its case on 27/11/2007, and called two Witnesses, Olufunmilola Akerele, an Estate Surveyor with it, who testified as CW1, and tendered five Exhibits in evidence, including –

– Exhibit C and C1 – Notice to Quit dated 20/4/2005 and Notice to Tenant of Owner’s Intention to Apply to Court to Recover Possession dated 1/11/2005 respectively