D. O. Oghene & Sons Ltd. V. W. E. Amoruwa & Anor. (1986)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C.

The appellants, who were plaintiffs in the Senior Magistrate’s Court, Sapele, had sued the respondents claiming as follows:-

“The plaintiff is entitled to possession of premises (comprising 2 store rooms) situate at No. 11/4 Market Road, Sapele which were let by the plaintiff to the defendants jointly and severally on a monthly tenancy of N6.00 per month, which said tenancy was terminated by notice to quit given by plaintiff vide (his Solicitor’s letter dated 26th August, 1974 attached and on 6th December, 1974 the plaintiff did serve on the defendants a notice in writing of his intentions to apply to recover possession of the said premises (duplicate of which notice is hereby annexed) by the Deputy Sheriff and that notwithstanding the said Notice the defendants refused and/or neglected to deliver up possession of the premises afore-said and still detains the same.

(2) Wherefore the plaintiff claims possession and N54.00 being arrears of rents at the rate of N12.00 per month being the rents due on the said premises from 1st July, 1974 to 30th November, 1974.

Dated at Sapele this 31st day of December, 1974.

(Sigd.) P.S.J. Ofoborh, Esq.,

Solicitor to Plaintiff

9, Itsekiri Road, Extension,

Sapele. ”

After the respondents had appeared before the trial Senior Magistrate and had disputed the claim, a Mr. Joseph Okitikpi filed a motion, praying the Court for an order joining him as a defendant in the suit. The motion was duly heard and dismissed.

In the course of this judgment, reference will be made to this motion.

At the trial, the Estate Manager of the appellants, Mr. Harrison Ogariafe, gave evidence on their behalf. He testified that the respondents were the appellants’ tenants, occupying two rooms or stores at No. 11/4 Market Road, Sapele; that the property in question was acquired by the appellants from a Mr. Joseph Okitikpi and in support of which claim he tendered Exhibit E; that the respondents were in arrears of rents; that they were consequently served with the statutory notices to give up possession but had refused to do so.

The respondents’ case, according to the evidence of the 1st respondent, was that it was the man Okitikpi who had let the rooms to him and the 2nd respondent; that the rents were initially paid to the said Okitikpi; that at one stage, Okitikpi wrote a letter to them (Exh.G) directing them to pay the rents to Chief D. O. Oghene and that some years later, he wrote another letter (Exh.H) countermanding his earlier instructions and directing them to discontinue the payment of rents to the appellants. Under cross-examination 1st respondent testified as follows:-

“I was paying to the plaintiff as a tenant of the plaintiff. The representative of the Company now in Court collected rents from me and other tenants. I occupy one store with the 2nd defendant. Mr. Okitikpi was the caretaker of the premises and he put(s) into the premises. It is true I said in that affidavit attached to the motion I filed to join Mr. Okitikpi as a co-defendant, I had said that Okitikpi was the owner of the premises, but this affidavit was prepared by one Solicitor who asked me to sign. I sign (sic) the affidavit at the Registry. The Solicitor was not present. I heard that the owner of the plot is Madam Odometa who is dead.”