CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Lagos State, presided over by Y,O. Idowu, J. delivered on the 5th day of June, 2009.
The trial Court dismissed the appellant’s claim for possession and arrears of rent primarily on the premise that the appellant had failed to establish evidence of a tenancy relationship between him and the Respondent.
The background facts on the part of the Appellant are that on the 1st day of March, 2001, Union Dicon Salt Plc sold to the appellant, the property known as No. 3, Biaduo street, South-west, Ikoyi, Lagos. It was made out that prior to the sale of the property to the Appellant, the Respondent had been a tenant of Union Dicon Salt Plc on the property. On the sale of the property to the Appellant, Union Dicon Salt Plc was said to have written letters to its tenants inclusive of the Respondent introducing the Appellant as the new owner of the building. The company was said to have issued Notices to Quit to all the tenants. The Appellant made out that he caused fresh Notices to Quit to be served on the tenants including
the Respondent, the notices were followed by the service of 7 days Notices of owners intention to recover Possession.
The Respondent did not vacate the premises on the basis of an alleged breach by the Union Dicon Salt plc of a prior agreement to sell the property to her. This led to the Appellant instituting Suit No. LD/1629/2003 against the Respondent. By the Appellant’s 2nd Amended Statement of claim of 26th April, 2004, the following reliefs were sought:
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a. Possession of all that 2 bedroom semi detached house situate at No 3 Biaduo Street, South West Ikoyi, Lagos,
b. A mandatory injunction compelling the Defendant to discharge her terminal obligations by redecorating the premises and settling and discharging all outstanding electricity, telephone, water and township bills.
c. Arrears of rent from August, 2000 to 30 November, 2001 in the sum of N400,000.00 per anum.
d. Mesne profits at the rate of N1,000,000.00 from 1st December, 2001 until possession is given up.”
