Dr. Veronica Chaka V. Messrs Aerobell (Nigeria) Ltd (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Lagos State, Lagos Judicial Division, holden at Lagos, Coram the Hon. Justice A, O. Silva in Suit No. LD/1212/1992. The Judgment in question was delivered on September 21, 1994 in favour of the Respondent, against the Appellant. Dissatisfied with the said Judgment, the Appellant filed the instant appeal on September 22, 1994, in the Court below.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

It is evident from the records of appeal, that on 12/8/1992 the Respondent had caused a writ of summons to be filed in the court below seeking the following reliefs against the Appellant:

(1) Possession of all that apartment known as Flat 4 No. 9 Bornu Crescent Apapa in the Lagos Judicial Division of Lagos State.

(2) Mesne profit for use and occupation of the premises from 28th day of January 1991 at the rate of N50,000.00 per annum until vacant possession is delivered.

(3) Cost of this action assessed at N5000.00

GROUND FOR SEEKING POSSESSION

(i) SUBSTANCIAL RENOVATION

(ii) PERSONAL USE.

pleadings having been settled by the respective parties, the case eventually proceeded to trial. At the conclusion of which, the court below delivered a Judgment granting the Respondent’s claim to the following effect:

In the result, the Plaintiffs claims succeed.

The Defendant is ordered to vacate and give up possession of Flat No. 4 which she presently occupies at 9 Bornu Crescent, Apapa, to the Plaintiff on or before 30th September 1991.

It is further ordered (1) that the Defendant shall pay to the Plaintiff the sum of N58, 000 for use and occupation of the premises from 28th January 1997 to March, 1992 at the rate of N50, 000 per annum. (2) that the Defendant shall pay mesne profit to the Plaintiff at the rate of N50,000 per annum with effect from 1st April, 1992 until possession is given up.