MR. Adedeji Adedoyin V. Igbobi Development Company Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.:(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered by Hon. Justice J.E. Oyefeso on the 1st day of December 2011 wherein the claim was granted in part.

The claimant (Now Respondent) had by a writ of summons and a statement of claim, both dated the 20th January, 2009 claimed against the defendant (now Appellant) as follows:

(a) An order for recovery of possession of the landed property situated lying and being at plot 9, D’Alberto Road, Palmgrove Estate, Ilupeju, Lagos for breach of the covenant to pay rent.

(b) Arrears of ground rent in respect of Plot 9 D’Alberto Road, Palmgrove Estate, Ilupeju, Lagos as follows:-

1st January 2005 – 31st December 2005 = N30,000

1st January 2006 – 31st December 2006 = N30,000

1st January 2007 – 31st December 2007 = N30,000

1st January 2008 – 31st December 2008 = N30,000

1st January 2009 – 31st December 2009 = N30,000

(c) Mesne Profits or pro rata ground rent at the rate of N30,000.00 per annum from 1st day of January 2005 until possession is given up.

The facts of this case briefly stated is that the Respondent in this appeal leased a property, No. 9 and 10 D’ Ablerto Road, Palmgrove Estate, Ilupeju, Lagos to the Royal Insurance Company Limited by a lease agreement dated 13th February 1956 for a term of 99 years from November 1955 at a yearly rent of 200 (Two hundred pounds) and further consideration that the Royal Insurance Company Limited shall erect dwelling houses on the land. The document was registered as No. 39 at page 39 volume 19 of the Lands Registry, Lagos.

Subsequently, the Appellant herein bought the residue of the lease limited to part of the property, that is No. 9 D’Alberto Road, Palmgrove Estate, Ilupeju, Lagos, from the Royal Insurance Company Limited by a Deed of Assignment dated 15th April 1967 and also registered as No. 12 at page 12 in volume 982 of the Land Registry, Ikeja Lagos. There was a provision that the appellant shall pay the sum of 100 as rent being half of the 200 as per the original lease.

The appellant paid the said sum to the respondents for some years until the latter wrote to seek for an upward review of the rent but the appellant refused on the ground that the original lease agreement Exhibit C1 did not contain a provision for a review of the rent throughout the term of the 99 years lease. After series of exchange of correspondences between the parties, the Respondent then opted to institute this action in the lower court seeking the reliefs as earlier set out in this judgment.