CASE TITLE: NDIC & ANOR v. ABIA (2024) LPELR-61974 (CA)
JUDGMENT DATE: 27TH MARCH, 2024
JUSTICES: UCHECHUKWU ONYEMENAM, JCA
BALKISU BELLO ALIYU, JCA
HADIZA RABIU SHAGARI, JCA
DIVISION: CALABAR
PRACTICE AREA: LANDLORD AND TENANT
FACTS:
The appeal is against the judgment of the High Court of Akwa Ibom State, Eket.
The Respondent leased a property to the 2nd Appellant, but the 2nd Appellant became financially distressed and had its banking license revoked by the Central Bank of Nigeria. The 1st Appellant was appointed as the provisional liquidator, and winding-up proceedings began. Despite being notified that rent would be due, the Respondent waited from 2003 to 2005 without payment and then sued for possession, arrears of rent, mesne profits, and repair costs. The trial court ruled in favor of the Respondent, but the Appellants appealed. After the appeal was struck out and the matter remitted for a new trial, the court again entered judgment in favor of the Respondent.
Displeased with the judgment, the Appellants brought this appeal.
ISSUES FOR DETERMINATION:
The Court considered:
1. “Whether the Lower Court was right to have assumed jurisdiction to entertain the suit when the Appellants were not sued in the manner, capacity, and description prescribed under law.”
2. “Whether the Lower Court was right to have held the 1st Appellant liable under a lease agreement that it was neither a party nor privy to, on the basis that Exhibit P3 made the 1st Appellant an assign of the 2nd Appellant.”
3. “Whether the Lower Court was right to have awarded the sum of N8,400,000 to the Respondent as arrears of rent, mesne profit, special damages, and cost of the suit.”
COUNSEL SUBMISSIONS:
The Appellants’ counsel argued that the trial court lacked the jurisdiction to entertain the suit and that the Respondent failed to prove the existence of a tenancy agreement, which is necessary to claim arrears of rent and mesne profit. It was contended that the awarded sum for property repairs was in the nature of special damages, which must be specifically pleaded and proven, but this was not done.
The Respondent’s counsel, on the other hand, maintained that the trial Court was correct in its decision, asserting that the Appellants did not deny the claims and that uncontroverted facts are deemed admitted, requiring no further proof. The Respondent’s counsel urged the Court to uphold the trial court’s decision and dismiss the appeal.
DECISION/HELD:
In the final analysis, the appeal was dismissed.
RATIO:
LANDLORD AND TENANT: ARREARS OF RENT/MESNE PROFIT: What a claimant must prove to succeed in a claim of arrears of rent/mesne profits and terminal repairs “To succeed in a claim of arrears of rent, mesne profits and terminal repairs such as those claimed herein, the Claimant must, as a matter of necessity, prove the existence of a tenancy agreement and should also prove that the said tenant is in arrears of rent and provide evidence of terminal repairs. From the Record, the Respondent in proof of the existence of tenancy agreement, tendered a copy of the tenancy agreement, which was admitted by the trial Court and marked as “Exhibit P1”. See pages 172-176 of the Record of Appeal. It is the law that documents speak for itself. It is captured in the latin maxim “Res ipsa loquitur, which means “the thing itself speaks, or the thing done, or the transaction speaks for itself”. See NIGERIAN PORTS PLC V. BEECHAM PHARMACEUTICAL PTE LTD & ANOR (2012) LPELR-15538(SC); AKUYAM & ORS V. ADAMU & ANOR (2023) LPELR-61527(CA); ABDULLAHI & ANOR V. INEC & ORS 2023 (CA).” Per ONYEMENAM, J.C.A.
To read the full judgment or similar judgments, subscribe to Prime or Primsol
