CORAM
S.M.A BELGORE JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
Y.O. ADIO JUSTICE, SUPREME COURT
A.I. IGUH JUSTICE, SUPREME COURT
PARTIES
ALHAJI SABALEMOTU AYINKE
APPELLANTS
ALHAJI MUNIRU LAWAL
RESPONDENTS
AREA(S) OF LAW
TENANCY AGREEMENT
SUMMARY OF FACTS
In the Chief Magistrate’s court, the plaintiff, by a writ of summons filed claims against the defendants for a possession of one storey building consisting of 10 shops and 5 office apartments, and N1,000.00 (One thousand Naira) per annum for the use and occupation of the said building and premises until possession was given up. At the conclusion of hearing, the trial Chief Magistrate entered judgment for the plaintiff. The Defendants being dissatisfied with this judgment of the Chief Magistrate appealed to the High Court which allowed the appeal and set aside the judgment of the Chief Magistrate’s Court. Aggrieved with the judgment of the High Court, the plaintiff with the leave of the High Court, appealed to the Court of Appeal, who partially allowed the appeal and restored the judgment of the Chief Magistrate. The defendants were ordered to give up possession of the premises claimed by the plaintiff. Dissatisfied with the judgment of the Court of Appeal, the defendants filed their notice and grounds of appeal to the Supreme Court. The main appeal which was filed by the defendants was not pursued and it was struck out for want of prosecution. This gave the Supreme Court time to be concerned with the plaintiff’s cross-appeal only.
HELD
The appeal succeeded and was allowed. The judgment and orders of the trial court were restored.
ISSUES
Whether or not a landlord can compute claim from a tenant holding over, and should be awarded, mesne profits at a rate higher than the annual rent reserved in the tenancy agreement between him and his tenant.
RATIONES DECIDENDI
MESNE PROFITS
“”Mesne profits” has been described as the rents and profits which a tenant who holds over after the lawful termination or expiration of his tenancy or a trespasser has or might have received during his occupation of the land or premises in issue and which he is liable to pay as compensation to the person entitled to possession of such land or premises.” Per IGUH, JSC.
THE PROPOSITION OF LAW ON TENANCY
“The proposition of law is beyond dispute that a landlord is entitled to claim mesne profits from a tenant from the moment such a tenant ceases to hold the premises as tenant to the time he gives up possession thereof.” Per IGUH, JSC.
DIFFERENCE BETWEEN A RENT AND MESNE PROFITS
“While rent is liquidated and operative during the subsistence of a tenancy, mesne profits are unliquidated and only start to run when the tenancy expires and the tenant holds over. Mesne profits are generally calculated on the yearly value of the premises and a landlord is certainly not bound to use the rent payable during the tenancy as a yardstick in his determination of mesne profits.” Per IGUH, JSC.
CASES CITED
Bramwell v. Bramwell (1942) 1 KB. 370
Osarawu v. Ezeiruka (1978) 6-7 S.C. 135
Ahmed Debs and others v. Cenico Nigeria Ltd. (1986)3 NWLR (Part 32) 846 at 852
Marine and General Assurance Company Ltd. v. Rossek and Another(1986) 2 NWLR (Part 25) 750 at 763
STATUTES REFERRED TO
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