Haightons (W.A.) Limited V. Aderogba Ajao & Ors (1975)
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B. A. COKER, J.S.C.
The plaintiffs’ action in this case had succeeded on the ground that the defendants in breach of their contract made structural alterations or additions to the property without the consent of the landlords and that they did not maintain the premises in good and tenantable condition and repair.
These lapses were matters for the eye, and both parties and the court went to the premises and the learned trial Judge accepted the evidence given of these matters. No argument of any substance has been urged on us to disparage the findings on these issues, which depend not only on his acceptance of the evidence given before him but also on the use he had made of his own eyes on the visit to the locus.
Some attempts were made by learned counsel for the appellants to rely on waiver, but the authorities on this are clear that the person relying on waiver must prove that the other party well knew of the existence of the misfeasance and despite this knowledge unequivocably accepts future rents.
These points dispose of all the argument canvased before us on appeal. The appeal fails and it is dismissed. The appellants will pay to the respondents the costs of the appeal fixed at N100.00.