K.R. RAMANCHANDANI VS BASSEY EKPENYONG
August 8, 2025ALBERT ADEOYE VS MADAM IBIDUN ABIBATU JINADU
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 16121
In the Supreme Court of Nigeria
Thu May 1, 1975
Suit Number: SC. 337/1974
CORAM
KUDIRAT M. O. KEKERE-EKUN JUSTICE. SUPREME COURT
PARTIES
TUFU AKUBUEZE CHINEKWE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This was an appeal against the judgment of the High Court in which the plaintiff was granted a declaration of title and interest in a piece of land and in the storey building as well as a demolition order in respect of the buildings, structure and stores of the defendants on the land in question. The defendant, not satisfied with the decision of the High Court, appealed to the Court of Appeal and further to the Supreme Court.
HELD
The decision of the trial court was wrongly reached and the orders were set aside
ISSUES
Whether the Trial Court was right having considered and relied on exhibit C in his judgement
RATIONES DECIDENDI
BREACH OF COVENANT
where any rent had been paid by the tenant, the landlord would be estopped from denying the existence of a tenancy from year to year upon such of the terms of the agreement as were applicable to such a tenancy. It was specifically held further that specific performance of such an agreement for a lease will not be granted where the tenant has committed a breach of one of the covenants contained in the agreement which was signed by both parties- Per Taslim O. Elias, JSC
TENANCY AT SURVEILLANCE
where a party had without any formal lease having been executed, entered into possession of premises in the expectation that a formal lease would be duly executed and, having so entered, had occupied and enjoyed the premises beneficially, then, he must, if the matter was broken off before any lease was in fact executed, pay for such occupation and he was liable in an action for use and occupation to pay such a sum as the court might deem reasonable in the circumstances.-Per Taslim O. Elias, JSC
CASES CITED
Walsh v. Lonsdale (1882) 21 Ch. D. 9
Williams v. Brisco (1882) 22 Ch. D. 441
Ariff v. Bai Jadunath Majumdar Bahadur (1931) 47 TLR 238
Esugbayi Oloto v. Dauda & Ors. 1 NLR 57
Coatsworth v. Johnson (1986-1890) All ER Reprint
STATUTES REFERRED TO
