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MR. ARCHIBONG NKANA V. ABIMBOLA HUNDEYIN

(2018) JELR 46305 (CA)

Court of Appeal  •  CA/L/786/09(CONSOLIDATED)  •  12 Jan 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Appearances
O. O. Ogungbade, Esq. with him, Toyese Owoade, Esq. and O. O. Owotunmi, Esq. for CA/L/78609. Ayo Adesanmi, Esq. with him, Omolade Adeyemi and Olayide Salami, Esq. for CA/L/39/11 For Appellant O. O. Ogungbade, Esq. with him, Toyese Owoade, Esq. and O. O. Owotunmi, Esq. for the 1st Respondent in CA/L/39/1.Ayo Adesanmi, Esq. with him, Omolade Adeyemi and Olayide Salami, Esq. for CA/L/786/09. Felix Oyekaja, Esq. with him, Saratu Dan Abu for the 2nd Respondent in CA/L/39/11 For Respondent

Judgement

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…

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