The facts in the current appeal are fairly simple. The applicants herein instituted an action at the High Court claiming;
(a) Possession of the premises housing the Pan Africa Hotel ¢300,000 monthly rent from the 27/07/1999 up to date of service of the writ.
(b) Mesne profits at the rate of ¢800,000 per month from the date of the service writ till delivery of possession to the plaintiff and
The trial High Court Judge found for the appellants in this action and among other things stated as follows;
“It would therefore be unconscionable to allow the defendants to retain possession without paying economic rent for the premises in favour of the plaintiff and not grant the plaintiff vacant possession of the premises housing the Pan African Hotel. I shall also allow the plaintiffs claim for ¢800,000 as mesne profits from the 27th July 1999 to date. I shall accordingly enter judgment for the plaintiff for that sum since that sum would in my view be a fair re…