Bulet International Nigeria Limited & Anor V. Dr. Mrs. Omonike Olaniyi & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The 1st respondent in this appeal, DR, MRS. OMONIKE OLANIYI, was a customer of the 2nd respondent, C.B. VENTURES Ltd. She had a deposit of N15 million with them. The property in dispute located at Plot 2370 Cadastral Zone A6 Maitama District of the Federal Capital Territory (FCT) Abuja, covered by Certificate of Occupancy No. FCT/ABU/PL.344 was allocated to the 2nd appellant, MUSA GARBA IZAM. He developed it by constructing an 8-bedroom duplex thereon. He put in the 1st respondent, BULET INTERNATIONAL NIG. Ltd. as his tenant. Somewhere along the line, Musa Izam became indebted to C.B. Ventures Ltd. He agreed to sell the property to C.B. Ventures to offset his liability to them. C.B Ventures, in turn, later became indebted to Dr. Olaniyi. In part payment of its indebtedness, it assigned the property to her. A Deed of Assignment (Exhibit P10) was executed between Dr. Olaniyi and C.B. Ventures Ltd. The deed was duly registered as No. FCC III at page III Vol. 8 at the Lands Registry, Abuja. When the 2nd appellant failed to apply for the consent of the Minister for Lands

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and Survey to the assignment, as required by Section 22 of the Land Use Act, the 2nd respondent, through its solicitors, filed the application for consent. The appellant, Bulet International Nig. Ltd., as a tenant in the property was duly notified of the change of ownership and was requested to pay its rent thenceforth to Dr. Olaniyi, the new owner. The refusal of Bulet International Nig. Ltd. to acknowledge her as the new owner and its refusal to pay rent to her caused her to institute an action against it before the High Court of the Federal Capital Territory (FCT) Abuja vide a writ of summons and statement of claim dated 27th October, 1997. After the institution of the suit, the 1st appellant applied to join the 2nd appellant and 2nd respondent as co-defendants. They were so joined. The 1st respondent was granted leave to file an amended statement of claim to reflect the joinder.

By Paragraph 19, her amended statement of claim dated 16th December, 1997, she sought the following reliefs against the appellants and 2nd respondent:

(a) Immediate peaceable possession of Plot 2370 situate and being at Cadastral Zone A6 Maitama District, Abuja covered

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by Certificate of occupancy No. FCT/ABU/PL.344.

(b) Payment by the defendant to the plaintiff or the appropriate authorities of all due rates or levies made by relevant or appropriate organs.

(c) Payment by the defendant to the plaintiff or the appropriate authorities of all electricity and water bills already consumed up to the date of handing over possession to the plaintiff.

(d) Perpetual injunction restraining the defendant from continuing occupation of the said premises.

(e) Damages for use and occupation or mesne profits as follows:

(i) From March 1996 – 28- February 1997 – N1.5 million

(ii) From March 1997 till possession is delivered -N2.5million per annum or the current rental value of the property.