Metal Construction (W.A.) Limited V. Chief Moyo Aboderin (1998)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

In the High Court of Lagos State of the Federal Republic of Nigeria, the plaintiff, who is now respondent, instituted an action against the appellant, who therein was the defendant, claiming as subsequently amended as follows:

“(i) The sum of N1,500,000.00 (One Million, Five Hundred Thousand Naira) being the cumulative amount of rent due on the premises at 13,Burma Road, Apapa, Lagos State for the period of 1st July, 1978 to 30th June, 1983 at the rent of N400,000.00 per annum from 1st July, 1983 until possession is, given up.

Particulars of Rent

Rent 1st July, 1978 – 30th June, 1979 N200,000.00

Rent 1st July, 1979 – 30th June, 1980 N250.000.00

Rent 1st July, 1980 – 30th June, 1981 N300,000.00

Rent 1st July, 1981 – 30th June, 1982 N350,000.00

Rent 1st July, 1982 – 30th June, 1983 N400,000.00

TOTAL N1.500,000.00

(ii) Alternatively a like sum for the defendant’s occupation and use of the premises at 13, Burma Road, Apapa, Lagos State for the period of 1st July, 1978 to 30th June, 1983 at the rent of N400,000.00 per annum from 1st July, 1983 up to the time of judgment.”

Pleadings were ordered in the suit and were duly settled” filed and exchanged.

At the subsequent hearing, both parties testified on their own behalf and the plaintiff called witnesses. The brief facts of this case are not in dispute, These are that the defendant was the tenant of the plaintiff since the year 1958 in respect of the latter’s premises situate at 13 Burma Road, Apapa, Lagos State. The last rent payable by the defendant to the plaintiff under the tenancy agreement for the period 1974-1978 was N16.800.00 per annum.

In the year, 1978, the plaintiff determined the tenancy at the expiration of the tenancy with effect from the 30th June, 1978. This was as a result of disagreement between the parties over the question of the amount of rent payable by the defendant in respect of the premises. When the defendant failed and/or neglected to vacate the premises, the plaintiff sued him for recovery of possession thereof in suit NG. LD/93 1/78, Exhibit U, He also claimed mesne profits from the 1st July, 1978 until possession was given up. This claim was dismissed on the 20th February, 1980 on the ground that the defendant, as a yearly tenant, was entitled to six months notice to quit, This length of notice the court found was not given to the defendant. The defendant had paid Its rent up to the 30th June, 1978 at the agreed rent of N 16,000.00 per annum.