SAMSON UGOCHUKWU V. UNIPETROL (NIG.) PLC
June 19, 2025DR. OLADIPO MAJA V. MR. COSTA SAMOURIS
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 72212
In the Supreme Court of Nigeria
Fri Mar 1, 2002
Suit Number: SC. 175/1996
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
1. NNAYELUGO SAMUEL SAMPSON I BOSAH 2. AKUKALIA ALBERT BOBO BOSAH 3. PETER N. BOSAH 4. AUGUSTINE OSELOKE BOSAH (For themselves and as representing the family of Mr. Jerry O.Bosah – deceased) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties entered into a lease agreement for 60 years which was to commence from the time when the defendant obtains the certificate of occupancy for the building on the unbuilt area in front or from the time he begins to make use of it. The plaintiff contended that the lease was invalid for uncertainty after the defendant had built on the land.
HELD
The court held that the lease was valid and that the defendant acquired equity upon expending money with respect to the land as encouraged by the plaintiff.
ISSUES
Whether the deed of lease (Exhibit A) signed by both parties is valid and subsisting
RATIONES DECIDENDI
DUTY OF COURT TO SATISFY THE EQUITY CREATED WHERE A LEASEE WAS ENCOURAGED BY A LEASOR TO EXPEND MONEY ON A LAND IN THE BELIEF THAT HE WILL BE ALLOWED TO REMAIN IN OCCUPATION.
Where a person has expended money on the land of another in the expectation, induced or encouraged, by the owner of the land that he would be allowed to remain in occupation thereof, an equity is created such that the court would protect his occupation of the land and the court has power to determine in what way the equity so arising could be satisfied- Iguh J.S.C
COMMENCEMENT DATE OF A LEASE
Where a contract for a lease is subject to the happening of an event, that contract becomes enforceable notwithstanding the fact that the commencement of the term is expressed by reference to the happening of an uncertain contingency provided that, at the time the contract is sought to be enforced, the contingency has occurred – Iguh J.S.C.
CASES CITED
Harvey v. Pratt (1965) 2 ALL E.R 786 at 787 Nlewedim v. Uduma (1995) 6 NWLR (Part 402) 383 at 396 United Bank for Africa v. Tejumola & Sons Ltd. (1988) 2 N.W.L.R. (Part 79) 662 at 686 Ibadan City Council v. Ajanaku (1969) N.S.C.C. 44 at 49 Inwards v. Baker (1965) 2 W..R.L. 212?
STATUTES REFERRED TO
None
