Samuel Abolarin V. Chairman Rent Tribunal No.3 Lugard Hall, Kaduna & Ors (1997)

LawGlobal-Hub Lead Judgment Report

IGE, J.C.A.

This is an appeal against the judgment of Yahaya J. delivered on 14/2/91 in Suit No. KDH/KAD/231M/90. This case originated from the Kaduna Rent Tribunal No.3 presided over by the 1st respondent. The 2nd respondent (later referred to as 2nd to 5th respondents after the death of the 2nd respondent) sued the appellant to court for recovery of possession of the house known as No.3 Garden Avenue. Afaka, Mando village, Kaduna. The respondents also asked for payment of arrears of rent at N200 a month from June 1990 up to the date of judgment and mesne profit thereafter.

The 1st respondent as the Chairman of the Rent Tribunal No.3 gave judgment in favour of the respondent upon the admission of the appellant.

The appellant was later dissatisfied with that judgment hence he took out a writ of certiorari in the Kaduna High Court for a judicial review of the judgment of the 1st respondent for the purpose of being quashed. This gave rise to Suit No. KDH/KAD/23/M/90 before Yahaya J of the Kaduna High Court wherein the appellant complained that 1st respondent acted without jurisdiction as the relationship between him and the respondents was not that of landlord and tenant.

After looking into the application and considering all the affidavits in support and against, the learned trial Judge delivered his judgment in favour of the respondents on 14/2/91 thus:-

“From all the above, it is my well considered view, that the 2nd defendant/respondent had an equitable title to the premises having been so recognised by both the applicant and the law. Even if this did not pass title to him, it is obvious that the power of attorney donated to the 2nd respondent entitled him to exercise all rights including taking possession and collecting rents on the property. This right is general and does not in any way exclude the donor. Once he exercised this right, the donor could not complain. The case Ebesua v. Nbaduba (1981)11 CA 220 AT 228 cited by Mr. Owolabi is direct on this issue. I hold therefore that the proceedings before Rent Tribunal III Kaduna were valid and in order and the Tribunal had jurisdiction to entertain the matter since it was a relationship between a landlord (Donee of the power attorney) and tenant (Donor of the power of attorney). The application lacks merit and it is hereby dismissed. The judgment and orders of the Rent Tribunal III may be enforced directly.

Sgd

Justice A. Yahaya

Judge

14/2/91”

The appellant is further dissatisfied with this judgment and has appealed to this court.

In his Notice of Appeal dated 15th February, 1991, the appellant filed one ground of appeal with a promise to file further grounds of appeal. This is the original ground of appeal and it reads thus with its particulars:-

“The learned trial Judge erred and misdirected himself on points of law when he held to the effect that considering all the documents before him it was clear to him that the appellant/applicant had “sold” his house to the 2nd respondent.

Particulars of errors in law