MR. Steve Ukwuoma V. Engr Joe Okafor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

Appellant filed this appeal against the decision of the Imo State High Court in Suit No. HOW/41/2009, delivered on 20th December 2012 by Nonye Okoronkwo J. (as he then was) wherein he entered Judgment for the Claimant, now Respondent.

The claim of the Claimant at the Trial Court was for possession of the Premises, known as No. 1 Aaron Ogbonna Street, comprising a storey building of 4 flats and a 3 bedroom bungalow and mense profit at the rate of N864,000.00 per year, until possession is delivered up. (See pages 4 and 9 of the Records of Appeal)

The Respondent had claimed that he let the property to the Appellant (who was Defendant at the Trial Court) in 1996. The Appellant, however, averred that he took possession of the ground floor of the storey building in 1988; the bungalow in 1997 and the top floor of the Storey building in 1998. Thus, he was using the entire property from 1998.

After the taking of the evidence and address of Counsel, the trial Court found as follows:

?The Defendant paid his rent for the premises let, up to November 2008. For the

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Defenant, the premises was in a state of disrepair and in agreement with the Plaintiff/Landlord, he (the Defendant tenant) undertook extensive repairs at the dysfunctional parts of the buildings over a period of time with or upon the understanding that the cost of the repairs would form part of the rent or would be defrayed from rent payable for the lettings, but notwithstanding the cost of the repairs, the tenant kept paying the agreed rent, ?as and when due?.

Again, notwithstanding that the Defendant has ?two tenacies or staggared rent? the plaintiff acknowledged that the tenant paid rent up to November 2008.

The Statutory notices issued by the Plaintiff landlord to the defendant tenant are not disputed except that the defendant contends that the notice to quit was issued when the rent the tenant paid ?had not expired

The defendant admits to the rent at N840,000.00 (Eight hundred and forty thousand naira) per annum for the composite lettings. The cost of the repairs undertaken or incurred by the defendant is shown to be N177,404.00 (One hundred and Seventy Seven thousand four hundred and four

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naira). The defendant did not counter claim against the plaintiff in this Suit. The evidence led in the Suit was to the effect highlighted above Pages 238 and 239 and pages 258 and 259 of the Records of Appeal.

The trial Court went on to give judgment to the Plaintiff, when he said: