Mini Lodge Limited & Anor V. Chief Oluka Olaka Ngei & Anor (2009)

LAWGLOBAL HUB Lead Judgment Report

F.F. TABAI, J.S.C.

This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal on the 12th of April, 2006.The original action itself was initiated at the Port Harcourt Division of the High Court of Rivers State by a writ of summons issued in April 1992. The Plaintiffs were the Appellant/Cross-Respondents at the court below and are the Appellants in this Court. The Defendants were the Respondents/Cross Appellants at the Court below and are the Respondents herein. I shall herein after in this judgment simply refer to the Plaintiffs as Appellants and the Defendants as Respondents. Both the writ of summons and the Statement of Claim were amended. In the amended writ of summons a claim for N2 million naira for breach of contract was added to relief No. 4. In the amended claim which is reproduced in paragraph 18 of the Amended Statement of Claim the Appellants claimed against the Respondents jointly and severally as follows;

1. A declaration that the purported sale of Plot 136 Borokiri Layout otherwise known as No. 4 Etche Street Borokiri, Port-Harcourt within the jurisdiction of the Honourable Court by the 1st Defendant to the 2nd Defendant is illegal, null and void.
2. A declaration that the Plaintiff is entitled to the Right of Occupancy of the said property.
3. An Order of Specific Performance against the 1st Defendant to perfect the title of the 1st Plaintiff by executing the necessary Deed of Assignment.
4. In the alternative, the sum of N70,145.85 (Seventy thousand, one hundred and forty-five naira, eighty-give kobo) being money paid to the 1st Defendant by the Plaintiffs and the Plaintiffs also claim the sum of N2 million representing general damages for breach of contract against the 1st defendant for failure to perfect the sale of plot 126 Borokiri Layout to the Plaintiffs.
5. The sum of N100,000.00 (One hundred thousand naira) being damages for trespass against the 2nd defendants in that on the 30th September, 1988 the 2nd defendant without leave or license broke into the premises aforesaid and caused extensive damages to the plaintiffs property. `
6. A perpetual injunction restraining the Defendants and each of them by themselves, servants or agents from further interference with the possession of the Plaintiffs.

In their counter-claim the Defendants/Respondents sought against the Plaintiffs/Appellants jointly and severally as follows:

A. To 1st Defendant

i) The sum of N91,538.53 made up as follows:

(a) Arrears of rent N87,000.00

(b) Unrefunded Guarantee N 4,538.53

N91,538.53

ii) 25% interest per annum on N91,538.53 with effect from 1st of January, 1984 until judgment.

B) To 2nd Defendant

i) A Declaration that the Plaintiffs have no interest in No.4 Etche Street Borokiri, Port-Harcourt whether legal or equitable and that the assignment the said property by the 1st Defendant to the 2nd Defendant was legally valid and proper.

ii) The sum of N70,000.00 per annum with effect from 1st November, 1988 being annual valid of the property held over by the Plaintiffs.

iii) 25% interest per annum on the sum accruable from B(ii) above.

iv) Vacant possession of the property in dispute (that is No. 4 Etche Street Borokiri, Port-Harcourt) on grounds of (i) Plaintiffs refusal to recognize 2nd Defendant as their landlord making them to be bad tenants (2) refusal to pay rent and (3) setting up a claim of ownership adverse landlord and tenant relationship making it unsafe for the 1st Defendant to vist and view the state of repairs of the property.