THE MAGISTRATECOURT OF LAGOS STATE

IN DISTRICT
MAGISTERIAL
IN THE LAGOS IGBOSERE
HOLDEN AT COURT 5
DAY OF OCTOBER, 2023
TODAY TUESDAY THE 24TH AKA-BASHORUN
BEFORE HISHONOUR MR O.S.

CHARGE NO: MCL/164/2023

BETWEEN

WILLIAMS
1. MS. F.R.A.
WILLIAMS
2. MR. OLAKUNLE CLAIMANTS
of the
(Suing as Personal Representatives SAN)
Estate of Chief Ladi Rotimi Williams

CUPN
TREE
CERTIFIED
AND
DEFENDANT
KATE KOLZE

JUDGMENT

possession of three (3) Bedro0

The Claimant in this case is seeking the
Akin Olugbade street, Victori
Apartment with appurtenances at Plot 299
Naira for outstanding rent tor
Island, Lagos, MESNE PROFITof One million
January, 2023 and Compound
the period of S" day of November, 2022 to 19" the Defendant. The
payment by
Interest of 20% per annum on the said sum till A7,000,000 (Seven
Claimant is also seeking MESNE PROFIT pro-rated at
the date the
January, 2023 till
Million Naira only) per annuin from 19"
compound interest on
Defendant gives up possession of the premises and 20%
outstanding, Damages for
the said sum till the date the Defendant pay the and
breach of contract for sub-letting the premises without written pernission
five hundred thousand
legal fees in the sum of A2,500,000 (Two million
20% per annum ro the
naira only) and compound interest in the said sum of
by the
date of institution of the proceedings till the date the said sum is paid
this !
Defendant for the inconveniences suffered by the Claimant cost of
The
actionbeing in the sum of N500,000 (five hundred thousand naira only).
grounds for possession are:

1. Expiration of Tenancy CERTIFIEDTREECOP)

 TBEECOP
2. The Defendant is sub-letting 3 Without written consent or
authority
3. The Claimants wish to renovate and re-develop the property for
personal
üse.

The Claimants filed awritten deposition in compliance with Section 27(|) of

the Lagos State Tenancy Law, 2011 which contains 24 paragraphs averiments
deposed to by one Olakunle Williams, one of the Claimants.

In the course of evidence, the written Deposition was adopted as the evidence of
the witness and some documents were tendered in evidence namely;
1. A lease Agreement dated 9" day of February, 2023 (ARW1)
2. Receipt dated 23rd day of January, 2023 (ARW2)
3. A Document tagged as RE-Expiration of lease at Plot 299, Akin
Olugbade street, Victoria Island dated 19 January, 2023
4. Messrs. Onyekachi Mark Ogbe's letter dated 30" January, 2023
5. Lelter dated 7l February, 2023 (Messrs, Chief Ladi RotimiWilliams.
6. Letter dated 13" February, 2023 (Onyekachi) Exhibit ARW6
7. Letter dated 7th February, 2023,Estate of the late Chief Ladi Roti
Williams Exhibit ARW7.

During the cross-examination, the learned counsel for the Defendant also
tendered through the Claimant's witness aLease Agreement and a Last Will and
Testament dated 30 July, 2021 which were admitted in and marked as Exhibit
BPl and AWR respectively.
The Defendant's witness testified on oath and adopted his written deposition a_
his evidence also in compliance with the provision of Section 27(|) of the
Lagos State Tenancy Law, 2011.

The witness for the Defendant admitted receiving anolice to quit Irom the
Claimants but that the notice is not from his landlord. Invariably. the winess
position is that the Claimant is not his Landlord.
In the final written address datd the 21" day of August, 2023, filed by the
Defence Counsel one issue was formulated by the learned counsel that is:

"Whether there is any enforceable contract between the Claimants, al

the Defendant".
ERTIPIEDTREE
COPT

2
 It is contended that there is
ERLUUEDanyTREECOP)
enforceable contract between the
Defendant and the Claimant which is binding. The learned counsel tor the
Defence cited the case of BILANTI INT. LTD V. NDIC(2011), 6-7 SC PT
(IV) 113 @136. It is also stated that the Defendant has a subsisting Tenancy
(lease) Agreement with Messrs Williams Property and Trading Company
Limited since 2014. Hence, the receipt brought by the Claimant in tlhe Clain1
before the Court as per Damages for breach of contract should be disregarded
with cost of A1,000,000 (One Million Naira only).

3" day
Ihave also gone through the Claimant's Final, Written Address dated the
the
of August, 2023 where a sole issue was formulated for the determination by
Honourable Court to wit;

"1Vhether there is any enforceable contract between the Cluimunt und

the Defendant".
the
The learned Counsel argued extensively that there is a contract between
Claimant and the Defendant that is enforceable. He referred the court tq the
exhibit before the court, that is, the tenancy agreement receipl daled 13"
February, 2023 and another letter dated9 February, 2022.
of the
By referring this Honourable court to the provision of Section 170
Evidence Act, 201land Section 2 of the Lagos State Tenancy Law, 2011, it
is contended that the Defendant cannot raise the title of another person as the
Landlord of the Defendant. The title of the property of Late Chief Ladi-Rotii
Williams devolves in his estate who have instituted this action in a
MRS
representative capacity. The cases of AIRTEL LIMITED V.
PATRICIA BOSEDE GEORGE & ORS (2014) LCN 17197 (CA).
HERITAGE BANK LTD V. AINA & ORS (2018) LPELR 4677 (CA) (o
buttress the position that the Tenant has no right to challenge the Title of' the
Landlord.

It is further submitted that the Claimant subst¡ntively and sufficiently complied

with the requirement of the Law of Tenancy hence the Claimant is entitlcd to
possessionas Claimed.

The Defendant filed a reply on points of law dated 6" day of September. 2023.
argued and reiterated that without the proof of probate been granted, the
Claimant cannot act on behalf of the Estate of the Late Chief Ladi Rotini
Williams.
ERTIFIED TRCE COP
 The issue to be determined by the Honourable court is

"}W'hetlher the Claimant has compliedwith the requisite lur o be

entitled to the possession been sought by the Claimant".

It is pertinent to deal with the issues raised by the two legal counsel and that
have been argued extensively before this Honourable court has been dealt with
by the Ruling of this Honourable court dated the S day of June, 2023. hence
the issue is RES JUDICATA, it cannot be raised again. See the case of
ADAMA TANKERS BUNKERING SERVICES LTD & ANOR V. CBN &
ORS (2022) LPELP 57036 (SC).

In the course of adducing evidence, the Claimant's witness tendered a notice of

owner's intention dated gh day of February, 2023 admitted on evidence as
Exhibit ARWS. A letter dated the 13th day of February, 2023 tendered and
marked as Exhibit ARW6 serve as the proof of service of the said Exhibit
ARW5 a notice of owner's intention to recover possession. I is a letter writlen
by one MlessrsOnyekachi Mark Ogba of counsel acting for and on behali the
Defendant herein. On the second paragraph of the said Exhibit ARW6. It is
tated as follows;
rERTIFTEDTREtoP "}We acknowledge receipt of the letter sent to our Client on the 7" duy
of February, 2023 (eviction notice)"
n paragraph 11 and 12 of the written deposition, the Claimant gave evidence,

"Par. 11. That by letter dated 7" February, 2023 tlhe Defendunts were
issued with a notice to quit and intention to recover prenises within 7
days but till date, the Defendants have refused to deliver up
possession."

"Par. 12. That by letter dated 13" February, 2023 the Defendant duly
acknowledged the eviction notice but refused to vacate the premises,"

The said evidence was never challenged nor controverted either by the evidence
of the Defendant nor any question raised in the course of cross-examination to!
debunk the said evidence of the Claimant's witness.
 -iJ

On paragraphs, 5,6,7,8,9, nRRTIELEDTREECOPH

Claimant's witness is tlhat the Defendant isWritten deposition, the evidcnce of the
Served on the Defendant, the arrears of rent, a demand
letter was
4 were Defendant refused to pay rent.
tendered and admitted in this respect which are Exhibit ARWI lo
Agreement, Receipt of the sum of copies of the lease
rent from the Defendant dated 23 N3,000,000(Three Million Naira only) of
solicitor's letter dated 30" January, 2023January, 2023, letter of demand and
(Request letter to pay rent)
"Par. 5. That by letter dated 9" February,
their Legal counsel Clhief Ladi Rotini 2022, the Claimants through
Williams Chambers to the
Defendant inforning them they were acting in their capacity as coun_el
to the estate of Late Clhief Ladi
Rotimi Williams and further that the'
should pay the balance of their rent. Attached
Exhibit Ais letter dated 9" February, 2022 to tlh athereto and marked
relied on at trial".
effect and will be

"Par. 6. That when the Defendants were usked to pay

the
balance owed to the Law Firm of Chief Ladi Rotimioutstanding Willians
Clhambers tlhe Defendants duly complied. Attached hereto and marked
Exhibit B is the receipt of payment dated 13" Jan uary, 2021 duly
acknowledged by tlhe Defendant and will be relied on at trial".
ERTIFED
COPYTBUE "Par. 7. That the Defendant's initial tenancy ran from 6" day of
Noveniber, 2021 to 5" day of November, 2022 at the annual rent of A
4,000,000 (Four million naira) only".

"Par. 8. That in 2022 he Defendants Lease came to an end by normal

effluxion of time and the Defendant did notmake any attemptto renep
the lease or make any pay1ments in 2022".

"Par. 9. That after the expiration of the Defendant 's initiul tenancy' on
the s" day of November, 2022, the law firm of Chief Ladi Rotimi
Willianns wrote the Defendant to demand for rents which is due and t
atso inform her of the rent increments for A7,000,000(Several Million
Naira) given the inflation rte in the country. The said letter is dated
19" January, 2023 and is attached hereto and marked Exhibit C and
willbe relied on t trial".

"Par. 10. That the Defendant responded through their Lawyer

Onyekachi Mark Ogba vide letter dated Junuary 30 2023 vwherein they
 CERTEIED TRE COP
Jlatly refused to pay the te
eniaded. Attached hereto und murked
Exhibits D is the letter dated January 30 2023 written by
Mark Ogba and will be Onyekuchi
relied on at trial":.
The relusal to pay rent led to the
service of Exhibit ARW5, a notice
intention to recover possession which service ofowher s
ARW6. was confirmed by Exhibit
By the provision of Section 13(5) of
stated that: Lagos State Tenancy Law, 2021. it is

"in the case of a tenancy for a fixed tern, no

notice to quit shall be
required once the tenancy has been deternined by affluxion of the
nd wlhere the landlord intends to time
proceed to the Court to recOver
possession, he shall serve as (7) days written notice of his intention to
apply to recover possessioin as in form TLS in the schedule to this Luw. "

This led to the issuance of Exhibit

ARW5 and Exhibit ARW6 confirmed
service of the said Notice of Owner's Intention to Recover
with Section 17, 18 & 19 of the Lagos State
Possession in line
Tenancy Law, 2011.
It is noteworthy to stress again that the evidence of the
Claimant's witness
wasnever debunked nor contradicted or controverted in the course of
the trial of
this case. The exhibits tenderèd was never
challengedin
whatsoever. Iconfim that the said exhibits in proof of this caseanywhere,
and are
form
cogent
and credible.

See the case of AGBI V, AUDUOGBEH (2006) 11 NWLR

PT 990 PG.65
@l16 where it was held that evidence must be credible in itself in
the sense that,
it should be rational, reasonable and
probable in view of the entire
circumstances. the case of AREWA TEXTILES PLC V. FINTEX LTD
In
(2003) 7 NWLR PT. 819322 @341, it was held that the court would oniy be
bound to accept unchallenged, uncontroverted and unrebutted evidence of the
Claimant ifit were cogent and credible.

OSHUNFUNMI & ANOR V. ADEPOJU& ANOR (2014) LPELR - 23073

(CA)

ERTIEIEDTREECOP)
 Section 25 of the Lagos s(RIALED.TRUEC0P
ahty Law states thus;
() Unless the agreement expressly stipulates otherwise, the Court shall
have power to make an order for possession upon proof of any of the
following grounds:
u. Arrears of rent.
b. Breach of any covenant or agreenent;
C. Where the premises is réquired by the landlord for personal use;
d. Where the premises requires substantial repair.
(2) Notvithstanding any agreement between the parties, the Court ahal
have power to make an order for possession upon proof of any of the
following grounds where:

TIPIEDTRCEOP) a. The premises is being used for immoral illegal purposes;

b. The premises has been abandoned:
c. The premises is unsafe and unsound as to constitue a dangr to..
human life or property; or
d. The tenant or any person residing or lodging with him or being
his subtenant consitutes by conduct, an act of intolerahle i

puisane or induces breach of atenancy agreement.

IT IS HEREBY ORDERED AS FOLLOWS:

THAT THE CLAIMANT IS ENTITLED To POSSESSION OF THE 3

BEDROOM FLAT AND APPURTENANCES AT PLOT 299, ¢KIN
OLUGBADE STREET, VICTORIA ISLAND, LAGOS AND THE
DEFENDANT SHALL VACATE THE SAID 3 BEDROOM APARTMENT
WITH APPURTENANCES AT PLOT 299 AKIN OLUGBADE STREET.
VICTORLA ISLAND, LAGOS IMMEDIATELY.

THE DEFENDANT SHALL PAY MESNE PROFIT OF ONE MILLION

NAIRA (NI,000,000) FOR OUTSTANDING RENT FOR THE PERIOD OF
sH NOVEMBER, 2022 TO 19" JANUARY, 2023 AND COMPOUND
INTEREST OF 20% PER ANNUM ON SAID SUM TILL PAYMENT BY
THE DEFENDANTS.

THE DEFENDANT SHALL ALSO PAY, THE MESNE PROFIT PRO

RATED AT N7,000,000 (SEVEN MILLION NAIRA) PER ANNUM FROM
197" JANUARY, 2023 TILL THE DATE TH DEFENDANTS GIVE UP.
ERTIFIEDTREECOPi
 E PREMISCRTFEDTRECOPA
POSSESSION OF THE
HND
ON
SUM TILL DATE THE, 20% COMPOUND INTEREST
SA/D
0UTSTANDING. DEFENDANTS PAY THE
THE DEFENDANT SHALL
THE SUM OF N250,000 PAY COSTS OF THIS ACTION BEING IN
(TWO HUNDRED AND FIFTY
NAIRA) TO THE THOUSAND
CLAIMANTS.
AKA,

0. S. AKA-BASHORUN
CHIÆF-MACISTRATE
is3ai.a24/10/2023

ERTPIED TRE COP)

EBITANMI R.A.(MRS
ASSISTANT DIRECTPR

MAGISTHAT
rERTIFED TRE COPY HUT EvIET A