Landlord and Tenant

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Enugu State sitting at the Enugu Judicial Division and delivered on the 25-7-2005 in which the Court below delivered its judgment in favour of the 2nd Respondent and dismissed the Plaintiffs claims who are Appellants in this Appeal. The original Plaintiff in this suit (now deceased) late Gabriel Adimora had claimed ownership and landlord in possession of the property known and called No. 8 Oraifite Street, Ogui New Layout, Enugu and in 1991 took out a writ of summons at the Enugu State High Court and in the Amended Statement of claim filed subsequently claimed as follows:
(a) A declaration that the plaintiff is the owner and the person entitled to the statutory right of occupancy of the house and premises known as and called No. 8 Oranne Street, Ogui New Layout, Enugu within the jurisdiction of this Honourable Court with the annual value of 20.00 (Twenty Naira).
(b) A declaration that the said Power of Attorney given to the second Defendant to manage and superintend the management of the said house and premises known as and called No. 8 Oraifite Street, Ogui New Layout, Enugu is null and void as same was given without lawful authority.
(c) A declaration that the purported assignment of the said No.8 Oraifite Street, Ogui New Layout, Enugu by the 2nd defendant to the 3rd defendant is null and void.
(d) 50, 000.00 (fifty thousand naira) special and general damages 40, 000.00 (forty thousand naira) expected profit from business with Gerald Adimora. 10,000.00 (ten thousand naira) General damages for trespass. The total is 50, 000.00 (fifty thousand naira).
(e) Perpetual injunction restraining the defendants, their servants or agents or otherwise however from further trespass over the house and premises called No. 8 Oraifite Street, Ogui New Layout, Enugu. (See pages 11 – 17 of the record).
Upon being served with processes, the 1st Respondent filed and relied on his Amended Statement of Defense. On the part of the 2nd Respondent, in addition to his Amended Statement of Defense he also filed a Counter Claim to which the Appellants filed a reply. The 2nd Respondent claimed in his counter claims as follows:-
(a) A DECLARATION that the 3rd defendant is the owner and the person entitled to the statutory right of occupancy of the house and premises known as and called No.8 Oraifite Street, Ogui. New Layout, Enugu, within the jurisdiction of this Hon. Court.
(b) A DECLARATION that the Power of Attorney given by the 1st Defendant to the 2nd Defendant dated 3rd June, 1975 and registered as No. 92 at page 92 in volume 733 of the Lands Registry in the Office at Enugu is Lawful and valid.
(c) A DECLARATION that the sale of the property at No.8, Oraifite Street, to the 3rd Defendant by the 2nd Defendant for the sum of 85,000.00 (eighty five thousand naira) is lawful and valid.
(d) A DECLARATION that the late Gabriel Adimora’s signature on the Power of Attorney dated 2nd April, 1974 and the one on the Power of Attorney dated 6th April, 1975 are the same as the former Plaintiff.
(e) A DECLARATION that the ASSIGNMENT of the property, No. 8, Oraifite Street, Ogui New Layout, Enugu to the 3rd Defendant by the 2nd Defendant is Lawful, valid and subsisting.
(f) A DECLARATION that the 3rd Defendant is entitled to the rents collected by the Plaintiffs from the tenants residing in the house from the date the house was the 3rd Defendant’s that is 20th September, 1990, to the date possession thereof is given to the 3rd Defendant.
(g) An ORDER that the plaintiffs should account to the 3rd defendant for the rents collected by the plaintiffs from the date the house was assigned to him, to the date possession thereof is given to the 3rd defendant.
(h) An ORDER that the plaintiffs should pay over to the 3rd defendant the rent they collected from the tenants from the date the house was assigned, to the 3rd defendant to the date possession thereof is given to the 3rd defendant.

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