Jovinco Nigeria Limited & Anor V. MR. Emeka Ibeozimako (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering The Leading Judgment)

This appeal is from the decision of Kaduna State High Court in suit No. KDH/KAD/207/2001 delivered on 15th April, 2010 by E. Inuwa J. wherein judgment was entered for the Respondent against the Appellant and which also dismissed the Appellant’s counter-claim.

At the Lower Court, the Respondent as the plaintiff claimed against the Appellants (as defendants) as follows:

“26. WHEREOF the plaintiff claim against the defendants jointly and severally, as follows;

1. The Honourable Courts’ declaration that the premises W2 Ahmadu Bello Way, Kaduna is the property of the plaintiff having inherited same from the late father Ibeozimako, according to the Igbo native law custom.
2. An order ejecting the defendants from the premises W2 Ahmadu Bello Way Kaduna and handing over to the plaintiff a vacant possession of the stores/shops occupied by the defendants in the main premises.
3. A perpetual injunction restraining the defendants by themselves, their servant, agents privies and or any one claiming through them from howsoever trespassing into the said W2 Ahmadu Bello Way, Kaduna or in any way disturbing the plaintiff from having and enjoying quite possession of the aid land.
4. Payment of arrears of rent/mense profits for the period of 1994-2003 and thereafter at the rate of Four Hundred Thousand Naira per annum until vacant possession of all the shops/stores and office occupied by the Defendants at the mid W2 Ahmadu Bello Way, Kaduna are handed over to the plaintiff.
5. General damages against the Defendants jointly and severally for the sum of One Million Naira.”

The Appellants, as defendants, also counter-claimed against the Respondents, thus:-

“1. The sum of N25,160:00k being the rents paid by the defendants.

2. Refund of N100,000:00k for the revalidation of the certificate of occupancy.
3. Refund of N50,000.00k paid to Basil Nwogu & Co. on behalf of the plaintiff to Nweke as refund of money spent in the shops by the said Nweke.
4. That the defendants are not tenants.
5. In the alternative, the sum of N4.19 Million being the evaluation report of the cost of construction made by the defendants.
6. The sum of N550,000:00k being the cost of defendants prosecuting this case.”

The facts giving rise to this appeal are that: one Chief Michael Okechukwu lbeozimako, now deceased, who was the father of the Respondent was the owner of the land in dispute known as W2 Ahmadu Bello Way Kaduna which he bought from one Ajulu in the year 1952. The W2 Ahmadu Bello Way Kaduna is a commercial premises. One Unachukwu was the care-taker of the property until he died and Vincent I. Okezue (PW1) became the care-taker.

The 1st and 2nd Appellants were two of the four tenants who occupy shops in W2 Ahmadu Bello Way, Kaduna and were paying rent first to Chief M. O. Ibeozimako before his death and after his death to the Respondent through the care-taker. Before Chief M.O. Ibeozimako died, he gave the land to the Respondent his first son, who upon his father’s demise inherited the land and thereafter became the landlord of the premises.

The Appellants were paying their rent in respect of the shops occupied by them until 1994 when they stopped payment and 2nd Appellant who is the Managing Director of the 1st Appellant started claiming that the place belongs to him.

Meanwhile in 1996, the 2nd Appellant who presented to the Respondent and the care-taker (PW1) that the Respondents father who had applied to Kaduna North Local Government for a new Certificate of Occupancy in place of the missing one, was asked to pay the sum of N100,000 for the new certificate of occupancy (C of O). The Respondent sent all the required documents in respect of the house to Elder Vincent I. Okezue (PW1) who was to go together to the lands office with the 2nd Appellant but could not make it as he had to travel.

He gave all the documents to the 2nd Appellant and the sum of N50,000 Second Appellant was to add another N50,000 which would be defrayed from his rent. However, instead of applying for the Certificate of Occupancy in the Respondent’s name, the 2nd Appellant, in connivance with staff of the Lands & Survey of the Local Government, secured the Certificate of Occupancy in his own name.

The matter was eventually reported to the police who recovered the certificate of occupancy and other documents from the 2nd Appellant.

Four witnesses testified for the Respondent including the Respondent. Several documents were tendered to support the landlord-tenant relationship between Respondent and Appellant.

The Appellants have refused to pay any rent since 1994 but contend that the land belongs to them as the Respondents father never acquired title to the property to devolve anything to the Respondent. That the land given to the Respondents father had expired and the whole of the area had been acquired by Kaduna State Government when Katsina Road round about was constructed.