AFRICAN PETROLEUM LTD. V. J.K. OWODUNNI

• Pages: 617-638

AFRICAN PETROLEUM LTD. V. J.K. OWODUNN1

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contacted to testify. No one had been able to explain, by legally admissible

evidence, what happened to the deceased after he was removed from Akare

Village on 6/6/83, This is not a case where death could have been inferred because

there was an unaccounted period of two weeks between the incident and the death

5 of the deceased. The evidence of the medical officer who performed the autopsy

on the body of the deceased left a serious doubt as to whether it was actually on

the deceased, in this incident, that he performed the autopsy. It is elementary to

state that such doubts or lapses should .enure for the benefit of the appellant.

The appeal is hereby allowed. The judgments of the High Court Minna dated

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7th November, 1987 and that of the Court of Appeal dated 11th October, 1989 are

hereby set aside. This court hereby orders that the appellant be discharged and

acquitted.

Appeal allowed.

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AFRICAN PETROLEUM LTD. V. J.K. OWODUNNI

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AFRICAN PETROLEUM LTD.

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RESPONDENT

V.

J.K. OWODUNNI

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APPELLANT

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APPEAL No. SC. 72/1990.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,

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J.S.C.

KAWU,

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J.S.C.

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NNAEM EKA-AGU, J.S.C.

WALT,

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J.S.C.

OMO,

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J.S.C.

15th November, 1991.

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Appeals - Issues for determination - How formulated - Issue raised or argument advanced

on an issue not arising from a ground of appeal - incompetency of

Evidence - Uncontradicted evidence - Effect of

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Landlord and Tenant - Tenancies - Nature of - Types of - Determinants of - Tenancy at

sufferance - Statutory tenancy - Distinction between - Statutory tenancy - Need to

comply with the provisions of the Rent Control and Recovery of Residential Premises

Law No.9 Lagos State of 1976 before ejection of tenant thereunder - Tenancy at

sufferance - Non-existence of under the rent Control and Recovery of Residential

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Premises Law No.9 of Lagos State, 1976 - Claim for either mesne profits or damages

for use and occupation - When made.

Words and Phrases - Tenancy at sufferance - Meaning of - Statutoty tenancy - Meaning of

- Mesne profits - Meaning of - Tenancy at will - Meaning of

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618

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NIGERIAN SUPREME COURT CASES

[1991] 2 N.S.C.C.

ISSUES:

1.

When may a tenancy be said to be either statutory or at sufferance and whether

either of them has to comply with the provisions of the Rent Control and

Recovery of Residential Premises Law No.9 of Lagos State, 1976?

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2.

What are the incidents of "mesne profits" and "damages for use and

occupation"?

3.

What is the duty of the court in calculating the damages for use and occupation?

4.

What is an issue for determination in an appeal?

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FACTS:

The plaintiff sued the defendant at the Lagos State High Court for recovery of

possession of premises,

mesne

profit and an injunction. The defendant was a

director and employee of the plaintiff. The plaintiff allowed the defendant to occupy

the house and premises in dispute. The defendant was to pay rent at the rate of

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N1,000.00 per annum or 15% of his annual salary, whichever was less. The sum

was later reduced to N800.00 and then to N400.00 per annum. At the instance of

both parties, the rent tribunal later fixed the appropriate rent of the premises at

N13,500.00 per annum. The tribunal allowed the plaintiff two more years on the

premises. The defendant held over the premises inspite of several notices to quit

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and intention to go to court. The defendant was given eight days notice to quit.

After hearing the evidence and the addresses of counsel. the learned trial judge

(Famakinwa, J.)

held that the defendant was a monthly and not a yearly tenant,

and that he should have been given a month's notice to quit and 7 days notice of

intention to recover possession. If he is still holding over, he becomes a statutory

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tenant; and an action must be commenced to recover possession from him; and

that not having been done the tenancy was not properly determined. Alternatively,

the judge held that the defendant was a service tenant and that his tenancy expired

with the termination of his employment. He there and then became a tenant at

sufferance, who requires no notice to quit. He made an order for the defendant to

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vacate the premises immediately and to pay N13,500.00 per annum, that is,

N81,000.00 from 1981 to 1986 as rent.

The defendant appealed to the Court of Appeal. In allowing the appeal, the

Court of Appeal held that the defendant was a statutory tenant and not a tenant at

sufferance and was entitled to the necessary notices under the Recovery of

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Premises Law of Lagos State. The order of the lower court was reversed and the

defendant was held to be entitled to remain in possession of the premises until the

tenancy was determined according to law. The amount payable to the plaintiffs as

mesne

profits for use and occupation of the premises was assessed at N65,000.00

till the date of judgment.

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The defendant appealed to the Supreme Court on the issue of

rnesne

profit.

The plaintiff also cross-appealed on the holding that the defendant was a statutory

tenant and thus was entitled to a valid notice to quit.

HELD:

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1. A tenancy at sufferance is one in which the original grant by the landlord to the

tenant has expired, usually by effluxion of time, but the tenant holds over the

premises. In such a case the tenant's right to occupation of the premises to

which he had come in upon a lawful title by grant is at an end, although he has

no more title as such, he continues in possession of the land or premises

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without any further grant or agreement by the landlord on whom the right to

the reversion resides. One necessary pre-condition of such a tenancy is that