Before Their Lordships
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
NIKI TOBI Justice of The Supreme Court of Nigeria
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Between
1. ALHAJI J. A. ODUTOLA
2. J. A. ODUTOLA PROPERTY DEV. IND. CO. LTD. –Appellants
AND
PAPERSACK NIGERIA LIMITED –Respondent
…………………….A…………………….
TOBI, J.S.C. (Delivering the Leading Judgment): The res in this litigation is 44, Eric Moore Road, Iganmu Industrial Estate in Lagos State. The 1st plaintiff, now the 1st appellant, is the original owner of the property. He is the founder and principal shareholder of the 2nd plaintiff, now the 2nd appellant. The 2nd appellant is the assignee of the unexpired term and interest in the property with effect from 13th December, 1991. The 1st appellant is the Managing Director of the 2nd appellant. The case of the appellants is that Thoresen and Co. (Nig.) Ltd. rented the property and not Papersack Nigeria Limited. Although the tenancy expired in 1980, respondent still occuppied the property. They paid rent to the 1st appellant, though not regularly. The 1st appellant issued receipts for payments made to the respondent.
Following the failure on the part of the respondent to pay the rent, the appellants filed the action. They claimed possession, outstanding rent and mesne profit. The respondent made a counter-claim. The learned trial Judge gave judgment to the appellants as follows:
“1. The defendant shall give up possession of the warehouse and office premises situate at No. 44, Eric Moore Road, Iganmu Industrial Estate, Lagos FORTHWITH and shall pay mesne profit at the rate of N808,861.64 (Eight hundred and eight thousand, eight hundred and sixty-one naira, sixty-four kobo) from the 1st day of June, 1994 until possession is given up.
2. For the sum of N2,975,143.23 (Two million, nine hundred and seventy-five thousand, one hundred and forty-three naira, twenty-three kobo) with interest at the rate of 21 % per annum from the 1st day of June 1989 to the 31st day of May, 1994 being the amount owed by the defendant for the use and occupation of the plaintiffs warehouse and office premises at No. 44 Eric Moore Road, Iganmu Industrial Estate, Lagos State.
