CORAM
MOHAMMED BELLO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY NNAEMEZIE ANIAGOLU, JUSTICE, SUPREME COURT
DAHUNSI OLUGBEMI COKER, JUSTICE, SUPREME COURT
SAIDU KAWU, JUSTICE, SUPREME COURT
CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT
PARTIES
MRS. IBIYEMI ODUYE
APPELLANTS
NIGERIA AIRWAYS LIMITED
RESPONDENTS
AREA(S) OF LAW
TENANCY LAW
SUMMARY OF FACTS
The Appellant sued the Respondent for damages for breach of contract of Service, the Respondent counter-claimed for mesne profits, at the rate of Nl3,500.00 per annum in respect of the apartment let to the appellant as a staff of the respondents company. The High Court found for the Respondent so also did the Appeal Court, hence this present appeal.
HELD
Allowing the appeal.
ISSUES
(1) Whether or not the relationship of landlord and tenant existing between the Appellant and the Respondent continued after the cessation of the Appellants employment having regard to Ex. “A”.
(2). Whether or not the Lagos High Court had jurisdiction to award the sum of N13,500.00 per annum as mesne profits or that the sum of N13,500.00 represented an increase in rent which only the Rent Tribunal had jurisdiction to order.
(3) Whether jurisdiction was vested in the High Court as a result of the Respondents Claim being a counter-claim.
(4) Whether the Court of Appeal could properly have awarded the sum of N13,500 upon a basis different from that which was pleaded by the Respondent.
RATIONES DECIDENDI
STATUTORY TENANT
The statutory tenant is an occupier who, when his contractual tenancy expires, holds over and continues in possession by ” virtue of special statutory provisions. He has also been described as “that anomalous legal entity,who hold the land of another contrary to the will of that other person who strongly desires to turn him out. Such a person will not ordinarily be described as a tenant” Per Eso JSC
STATUS OF A PERSON OCCUPIES PREMISES LAWFULLY
When a person occupies premises lawfully he becomes a protected tenant qua a status arising from Statute creating statutory tenancy. It would not matter whether he pays regular rent, subsidized rent, or, indeed, no rent. Per Eso JSC
STATUTORY TENANT
The expression “statutory tenancy” has also been defined as “a compendious expression to describe the right of a tenant of protected premises to remain in possession of those premises, notwithstanding the determination of his contractual interest until such time as either he voluntarily gives up possession, or the court, on cause shown, makes an order against him to deliver up possession. Per Eso JSC
CASES CITED
Akpiri v. W.AAC.; XIV W.A.C.A. 195
Sobamowo v. Federal Republic Trustee (1970) 1 All N.L.R. 257
Akinosho v. Enigbokan 22 N.L.R. 88
Sule v. Nigerian Cotton Board (1985) 2 N.W.L.R. 17
Pan Asian African Co. Ltd. v. National Insurance Corporation (Nigeria) Ltd. (1982) 9 SC. 1
Lewis v. M. T. C. (Cars) Ltd. 1974 2 All E.R. 423
Shutter vs. Hersh (1921) 1 K.B. 438 at 448
American Economic Laundry Ltd. v. Little (1951) 1 K.B. 400 at 4061
Keaves v. Dean; Nunn v. Pellegrini (1924) 1 K.B. 685 at 686
STATUTES REFERRED TO
Akpiri v. W.AAC.; XIV W.A.C.A. 195
Sobamowo v. Federal Republic Trustee (1970) 1 All N.L.R. 257
Akinosho v. Enigbokan 22 N.L.R. 88
Sule v. Nigerian Cotton Board (1985) 2 N.W.L.R. 17
Pan Asian African Co. Ltd. v. National Insurance Corporation (Nigeria) Ltd. (1982) 9 SC. 1
Lewis v. M. T. C. (Cars) Ltd. 1974 2 All E.R. 423
Shutter vs. Hersh (1921) 1 K.B. 438 at 448
American Economic Laundry Ltd. v. Little (1951) 1 K.B. 400 at 4061
Keaves v. Dean; Nunn v. Pellegrini (1924) 1 K.B. 685 at 686