Wednesday, April 18, 2012

49 Year Rent Arrears: Court Ejects Law School From Lagos Property


49 Year Rent Arrears: Court Ejects Law School From Lagos Property

Published on April 17, 2012 by pmnews · No Comments

A Lagos High Court has ordered the Nigerian Law School to vacate the property situated at 213A, Igbosere Road, Lagos Island, Southwest Nigeria over rent arrears.

The property is being used by the school as hostel for law school students and staff. But the rent for the property had not been paid for the past 49 years.

The order of the court was sequel to a suit filed before it by a Lagos businesswoman, Hajia Bashirat Mojisola Dange and Mr. Oluyinka Awolaru for themselves and on behalf of the family of Madam Oyinkan Moyeni.

In an affidavit sworn to by Hajiya Dange, it was stated that she is the grand daughter of Madam Oyinkan who died inter state and the second claimant is the grand child of the said Madam Oyinkan.

She averred that Madam Oyinkan Moyeni owned the property formerly known as 213 Igbosere Road, Lagos Island now 213A Igbosere Road, by virtue of an indenture dated 20 February, 1957.

According to Hajiya Dange, her late mother granted a 75-year lease in favour of Mr. Basil Christos Economibes and Elias Badih Khalife, effective from 1 April, 1957.

On the execution of the lease agreement by the parties and the initial payment of £1,000, the late Madam Oyinkan Moyeni gave possession of the property to the two persons earlier mentioned.

It was also part of the agreement that the two defendants will pay rent in advance every 1 April each year. And it was also part of the agreement that if the rent or any part thereof shall be in arrears for 21 days after lawful demand or shall there be any breach of the covenant by the two defendants, the claimant will re-enter upon the demised land and immediately there upon the term shall absolutely be determined.

The property is being occupied by the Attorney-General of the Federation who is the third defendant in the suit who has not been able to explain how he came into the property.

£1,000 paid was the rent for 1957 till 1962. Since then no further payment has been made.

In breach of the lease agreement, the defendants have failed and refused to insure the property.

As a result of the breach, the defendants were reminded in 1982 and formally asked to pay rent arrears.

They were issued with quit notice and intention to recover the property, also in 1982.

The defendants did not enter any appearance and also failed to file any defence.

The Attorney-General was represented by a lawyer, Mr. I. Ehigbe, who appeared once and since then did not attend court again.

In her ruling, Justice O. O. Femi-Adeniyi said: “I am persuaded by the claimant’s counsel’s submission and upon the facts before this court that the claimants have satisfied the requirement for a grant of an order for re-entry into the premises for breach of the first and second defendants’ covenant to pay rent, and I so hold.

“The defendants shall deliver possession of the said property known as 213A Igbosere Road.”

Council of Legal Education whose application to stay execution was dismissed was given leave of appeal.

—Akin Kuponiyi


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