MARYAM ISIYAKU V. DR. J. S. ZWINGINA

OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Adamawa State High Court in its appellate jurisdiction, sitting in Yola, Adamawa State. The judgment was delivered on 17/2/97.

The appellant is the owner of the property (4-bedroom Bungalow) situate at No. 13, Guyuk Road, Karewa, G.R.A. Extension, Jimeta-Yola, Adamawa State. In 1994, the appellant wanted a tenant to occupy the said property. The respondent through one Yushau A. Maiyaki, Managing Director of Arewa Amenities (Nigeria) Limited (an estate agent) indicated his interest to rent the property. The estate agent was specifically instructed by the appellant to secure a prospective tenant for direct negotiation with the appellant in respect of the said property. The property was built and completed to a modern standard ready for occupation but there was no tenant to occupy it immediately after completion. Therefore, the window louvres, doors, ceiling fans and some electrical fittings were …