Okolo Enterprises Nigeria Limited & Anor V. Henry Nwachukwu Ezeani (Jnr) (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment)

This appeal was brought pursuant to the decision of the High Court of Justice, Anambra State sitting at Onitsha Judicial Division per Hon. Justice J. I. Nweze on Tuesday, the 28th day of February, 2006 in suit No. 0/168/2005.

The Appellants in this appeal were the plaintiffs at the Lower Court while the defendant is now the respondent. I shall therefore in the subsequent portions of this judgment be referring to the parties as the appellants and the respondent.

On the 15th day of January, 1981, the Appellants entered into a Deed of Lease with the respondent on the understanding that the Appellants would erect a four (4) storey building on the Respondent’s land situate at No. 17 New Market Road, Onitsha upon calculated expenses of N94, 000 (Ninety four thousand Naira) which the Appellants would recoup gradually upon taken possession of the said building for twelve and half years.

The crux of the instant litigation was that the Appellants were informed by some agents for sale of landed property that the respondent intends to sell the building at No. 17 New Market Road, Onitsha at the cost of 54 million naira hence on 22nd March 2005 they filed an action against the respondent, claiming inter alia:

“(i) A declaration that the agreement as to rent payable on the expiration of lease is still subsisting.”

(ii) An order of injunction restraining the defendant, his servants, agents and privies from selling the said property and or entering with the possessory right of the plaintiff over 17 New Market Road, Onitsha”.

On the 4th day of May, 2005, the Respondent filed a motion in the same suit, seeking for the following reliefs:

“(A) An order appointing the Assistant Chief Registrar of the High Court of Justice, Onitsha Judicial Division, the receiver/manager of the applicant’s building situate at No. 17 New Market Road, Onitsha, except the 3rd floor thereof.

(B) An order removing the said building except the 3rd floor from the control of the plaintiffs/respondents and committing same to the custody and control of the said receiver/manager.

(C) An order granting to the said receiver/manager all such powers necessary for the management of the said building and the collection of the rents and profits therefrom.

And for such other or further orders as this court may deem fit to make in the circumstances.

On 19th day of May 2005, the respondent formerly filed a Statement of Defence cum counter claim against the Appellants’ Statement of Claim.

In his counter claim against the Plaintiffs/Appellant, the Defendant/Respondent sought as follows: