Southbeach Co. Ltd & Anor V. Williams (2021)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED LAWAL GARBA, J.S.C.

Based on a sub-lease agreement between respondent, the sub-leasor, and the appellants; as sub-lessee, the respondent had sued the appellants before the High Court of Lagos State, sitting at Ikeja (trial Court) in suit No. LD/1631/2010 and claimed as follows:

“(a) A declaration that the defendants’ wrongful destruction and devastation of 3 bedroom bungalow together with the appurtenances situation and known as 30 Oladipo Bateye Street GRA Ikeja Lagos (the property) and/or the structures thereon either personally or through their servants, agent assigns or howsoever as set out in paragraphs 15, 16 and 17 of the statement of claim constitutes trespass to property.

(b) Damages for trespass and related claims in the total sum of N475,000,000.00 (Four Hundred and Seventy Five Million Naira) comprising.

(i) The sum of N200,000,000.00 (Two Hundred Million Naira) being cost of reinstatement of the destroyed property to a tenantable and habitable condition pursuant to paragraph 23 of the statement of claim.

​(ii) The sum of N10,000,000.00 (Ten Million Naira) per annum from 5th September 2010, with a 20% per annum increase thereof until when the property is reinstated to a tenantable and habitable condition.

(iii) The sum of N200,000,000.00 (Two Hundred Million Naira) on the footing of aggravated and/or exemplary damages pursuant to paragraphs 18, 20, 21 and 22 of the statement of claim.

(iv) The sum of N5,000,000.00 (Five Million Naira) for used and occupation of the property from 1st March 2010 to 5th September 2010 pursuant to paragraphs 12 and 13 of the statement of claim.

(v) The sum of N50,000,000.00 (Fifty Million Naira) for breach of covenants in the lease dated 15th December, 2004 pursuant to paragraphs 6, 7, 8, 9, 10, 15 and 20 of the statement of claim.

(vi) The sum of N10,000,000.00 (Ten Million Naira) estimated cost of this action pursuant to paragraph 19 of the statement of claim.

(vii) Interest on the above sums at the rate of 28% per annum compounded and chargeable from the date of filing this action until judgment and 10% thereafter until full payment.

(viii) An order of perpetual injunction against the defendants, their officers, agents or otherwise howsoever from doing any other thing following or continuing to:-

(a) destroy the three-bedroom bungalow together with all appurtenances situate and known as 30 Oladipo Bateye Street, G.R.A. Ikeja, Lagos and the structures thereon.

(b) enter into, remain on, or trespassing thereon in anyway whatsoever.”