Judgment
HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment) : The instant appeal arose as a result of the judgment of the High Court of the Federal Capital Territory, Abuja in suit with No. FCT/HC/CV/114/2018, between Mr. Diran Ofi and Dr. Akintomi Ojetunde delivered on the 25th day of February, 2022. The lower Court in the judgment aforestated, held that: “The first relief sought by the claimant is for possession of the demised premises.
The claimant led evidence that following the expiration of the defendant’s tenancy for one year certain, he had served her the mandatory 7 days’ notice as required by Section 7 of the Recovery of Premises Act, but still, the defendant failed to deliver possession. In my view, he has met the requirements for the order sought. All the additional payments made by the defendant having come after service of the 7 days’ notice and filing of this case in Court, they had no power to convert the defendant’s expired one year certain tenancy into a yearly tenancy.
In the final analysis, this action succeeds and I grant the following reliefs:” In brief, the claimant before the lower Court, by paragraph 10 of the Amended statement of claim sought for the following reliefs: i. The immediate vacant possession of the 5-bedroom detached duplex with two-bedroom guest chalet and a room boys’ quarter together with appurtenances situated and being at No. 4, Bawku Street, off Monrovia Street, Wuse 2 Abuja to be delivered to the claimant forthwith. ii.
Mesne profit at the monthly rate of N666,666.67 (Six Hundred and Sixty-six thousand, Six Hundred and Sixty-six Naira, Sixty-seven kobo) commencing from the 14th day of March, 2018 until vacant possession of the property is delivered to the Claimant. iii.
The claimant also claims the sum of N267,800.00 (Two Hundred and Sixty-Seven Thousand Eight Hundred Naira) being the total cost of putting the property into its original state, due to the willful, illegal, malicious and unauthorized damages done to the property by the Defendant in his bid to alter the original structure of the property in the pretext of doing same to suit his business. iv.
The sum of N5,000,000.00 (Five Million Naira) being damages for the malicious, willful, unauthorized alterations done to the property in question without the express or written consent of the landlord through his authorized agent (the claimant). v. The sum of N1,000,000.00 (One Million Naira) being the cost of prosecuting this action.
