Emankhu Addeh V. Bimbo Onakomaiya (2016)

LawGlobal-Hub Lead Judgment Report

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.

This is an appeal against the decision of R. I. B. Adebiyi J, of High Court of Lagos State, delivered on 1st March, 2007.

The action in the lower Court was commenced by a Writ of Summons and Statement of Claim wherein they claimed the following:
(a) The sum N1,200,000.00 (One Million, Two Hundred Thousand Naira) being rent for 2 years at the rate of N600.000 (Six Hundred Thousand Naira) per year for property situated at 3, Ricketts Close Akoka Lagos.
(b) Two Hundred Thousand Naira (N200,000) being professional fees charged by the Claimant’s Solicitors Deji Sasegbon & Co. and paid by the Claimants for prosecution of the suit for the recovery of N1,200,000.00 (One Million Two Hundred Thousand Naira) property situated at B, Ricketts Close.
(c) Interest from September 1st, 2003 on the N1,200,000.00 (One Million Two Hundred thousand Naira) at the rate of 21% from September 19th 2003 till judgment is granted interest and after judgment at the rate Court shall determine.

The Defendant/Appellant counterclaimed as follows:

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(a) The sum of 1,845,000.00 (One Million, Eight Hundred and Forty-five Thousand Naira) being balance of recouped by him for expenses incurred by him in renovating the property at 3, Ricketts Close, Akoka Lagos, property of the Claimant with his own fund and at the Claimant’s request.
(b) Interest on the 1,845,000.00 (One Million, Eight Hundred and Forty-five Thousand Naira) at the rate of 15% per annum before judgment and 6% after judgment until the whole judgment debt is finally paid off.

At the close of pleadings, the Claimant/Respondent testified and called one witness. The Defendant/Appellant also testified and called one witness. Upon filing of Final Written Addresses, the lower Court entered judgment for the Claimant and dismissed the counter claim.

The Appellant dissatisfied with the judgment filed a Notice of Appeal on 25th May, 2007 at pages 232-233 of the record of appeal on three (3) grounds.

The parties in compliance of the rules of Court filed brief and exchanged same. The Appellant’s brief was dated 9th July, 2010 and filed same date. It is settled by Emankhu Addeh of Addeh & Associates wherein three (3) issues for

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determination were nominated thus:
(1) “Whether the failure by the lower Court to hold that the Claimant who had categorically denied in her pleadings, any knowledge of the existence of Exhibit “P1” (which contained proposals 1 & 2) and also failed to refer to Exhibit “P1” in her pleadings, could not at the trial of the suit abandon her pleadings and claim Exhibit “P1″ as the basis of her claim against the Defendant was not fatal to the finding of the Court that the claim had proved her case for the payment of One Million, Two Hundred Thousand Naira (1,200,000.00) by the Defendant.
(2) Whether upon the totality of the evidence, the Claimant had proved her case for the lower Court to find in her favour as per claim before the Court.
(3) Whether the lower Court was right in dismissing the Defendant’s Counter Claim in respect of renovation carried out on the Claimant’s property at the Claimant’s request with the Claimant’s consent.”

The Respondent’s brief Chukwudi Adiukwu, Esq. of Messrs Deji Sasegbon & Co. is dated 3rd March, 2015 filed on same date but deemed 14th May, 2015. Three (3) issues were formulated thus:

(1) Whether the

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