Joseph Ishola-williams V. T. A. Hammond Projects Ltd. (1988)

LawGlobal-Hub Lead Judgment Report

G. O. AGBAJE, J.S.C.

The primary facts in the case now before us on appeal are not in dispute. One Mr. J. Ishola- Williams by a Deed of Lease dated 28th March, 1977 granted a lease of his landed property at No. 15 Okesuna Street to the defendant company T.A. Hammond Projects Ltd. for a term of 60 years commencing from the date of the said lease at an annual rental of N2,500.00. In the lease the defendant covenanted as follows:

(i) “To pay the rent reserved;

(ii) To develop the Demised Premises with an amount of not less than N750,000.00 and that the new Building should be called “Eso-Ola House”;

(iii) To pay and discharge all water and Township rates; and

(iv) Not to assign, sublet or part with the possession of the Demised Premises or any part thereof without the written consent of the Lessor but that the Lessor’s consent would not be necessary after the Demised Premises had been developed.

By 1982 the property has not been developed by the defendant. So the plaintiff felt the defendant was already in breach of its covenant to develop the land. The plaintiff also felt he had reasons to believe that there were other breaches by the defendant particularly the covenant by it not to assign, sublet or part with the possession of the demised premises or any part thereof without the written consent of the plaintiff. So the plaintiff instructed his solicitors Messrs. E. A. Omo Odulana & Co. to give the defendant notice of the breaches complained of in compliance with the provisions of Section 14(1) of the Conveyancing Act 1881, a statute of general application in force in England on 1st January, 1900 and which is admittedly applicable in Lagos State.

The notice of breach relied upon in this case is that dated 5th July, 1982 tendered as Exhibit B at the trial court. As much turns on the adequacy or inadequacy of this notice I have to reproduce it in full in this judgment. It is as follows:-

“EAO/IWTAH/3/82

5th July, 1982

Messrs T. A. Hammond Projects Ltd.,

30, Macarthy Street,

Lagos.

Dear Sir,