Cobra Limited & Ors. V. Omole Estates and Investment Ltd.(2000)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A. 

This is an appeal against the judgment of the Lagos High Court delivered on 22nd day of April, 1994. The respondent was the Plaintiff in Suit No. LD/2951/92 before the Lagos High Court, where it claimed against the Appellant as the Defendant the following:

“1. Possession of the one Duplex situate at No. 10B Lalupon Close, S. W. Ikoyi, Lagos State.

2. N125,000 (One Hundred and Twenty-Five Thousand Naira) being arrears of rent from the 10th day of December, 1990, to the 9th day of December, 1991.
3. N83,332.88 (Eighty-Three Thousand, Three Hundred and Thirty-Two Naira, Eighty-Eight Kobo) for use and occupation of the premises for eight months from the 10th day of December, 1991 to the 9th day of August, 1992.
4. Mense profits at the rate of N10,416.61 (Ten Thousand, Four Hundred and Sixteen Naira, Sixty Kobo) per month being at the pro-rata monthly rate of the otherwise annual rent of the said premises from the 10th day of August, 1992 until possession is given..”

Pleadings were filed exchanged and issues joined. Trial proceeded with Mr. Adebanjo Adeniyi, the only witness and Estate Officer of the Respondent testifying. The Appellant’s only witness, Francis Onyema-Ifie, a Director, gave evidence. Counsel concluded their address on 23/3/94. The learned trial Judge in a reserved judgment entered judgment for the Respondent on 22/4/94. Dissatisfied with the said Judgment the Appellant filed three Grounds of Appeal in this court from which the following three issues were formulated for determination viz:

“(A) Whether the Learned Trial Judge was justified in granting an order for possession.

(b) Whether the Learned Trial Judge was correct in holding that the rent for the period 10/12/90 – 9/12/91 was N125,000 and not N50,000 as contended by the Appellant.

(c) Whether the Learned Trial Judge was correct in awarding N83,332.88 for use and occupation of the premises for 8 months from 10/12/91- 9/8/92 till possession is given up…”

Also dissatisfied with the process of execution of the said Judgment by the Respondent the Inter pleader claimants filed two grounds of appeal and distilled there from a single issue for determination as follows:

“(A) Whether the Lower Court gave the appellant an opportunity of a FAIR HEARING by dismissing their claims on 13/12/94.”

The Respondent filed two briefs of argument, on the same day, that is, on 9/11/99 in response to the Defendant/Appellant’s brief and another in response to the Inter pleader Claimant’s/Appellant’s brief. Issues formulated in the two briefs were adopted by the Respondents in its Briefs. Briefs were adopted by respective parties at the hearing of this appeal.

The peculiar nature of this Appeal requires my consideration of the main appeal first. Thereafter the Inter Pleader Claimants Appeal would be appropriately be treated. For the complaint of the Inter Pleader Claimants, is that their goods were wrongfully seized in execution of the judgment when the lower court failed to follow the procedure in Inter Pleader proceedings and thereby denied the claimants their Constitutional Right to a fair hearing.

The three issue particularly (a) and (b) raised in the main appeal by the Appellant dovetail into each other. They will be taken and treated together. Issue (c) dealing with the award of mesne profits will be treated separately.

The relevant facts pleaded by the Plaintiff may be summarised thus:

(1) The Plaintiff now the Respondent is a limited liability company with its principal place of business at Okesa/Benin Road, Ilesha, Osun State.