₦airaland Forum

millionboi2:
you Equally have not see landlord from hell

Na only if d landlord no get money or is too good

It is always advised that Landlords should not take laws into their hands. see the case below, the tenant was owing and the landlord even took him to court, but he threw the tenants things out while the case was not finished. The court ordered the Landlord to pay the tenant 3million naira as damage.

AKINKUGBE V. EWULUM HOLDINGS NIGERIA LTD & ANOR (SC 316/2002) [2008] 10 (11 APRIL 2008)
[center]IN THE SUPREME COURT OF NIGERIA

On Friday, the 11th day of April 2008

SC 316/2002

BETWEEN

AKINKUGBE .......................................................................................................... APPELANT

And

EWULUM HOLDINGS NIGERIA LTD & ANOR ......................................................................................................... RESPONDENT[/center]

ISSUES

Whether the appellant re-claimed the leased property by force.

Whether the trial court and the Court of Appeal were correct in upholding respondents’ (tenants’) claim that their eviction by the appellant (landlord) amounted to trespass.

Whether the trial court and Court of Appeal were correct in awarding the respondents special damages in the sum of N3 million.

FACTS

The appellant as landlord had leased his property at 53 Talabi Street, Ikeja, to the respondents as tenants. The second respondent, as chairman and chief executive of the first respondent, was in actual occupation of the property. A dispute arose when the period of the lease expired and the respondents failed to vacate the leased property and give back possession to the appellant. The appellant successfully brought an action in the Lagos High Court claiming possession and obtained judgment in his favour. The respondents applied for extension of time to leave the property. The application was set down to be heard in January 1994, but before the hearing, the appellant took possession of the property. In turn, the respondents brought an action claiming that the eviction of the appellant was unlawful and that they were entitled to damages. The appellant defended the action and counter-claimed for damages. The trial court entered judgment for the respondents and awarded them special damages in the sum of N3 million. The appellant’s counter-claim was dismissed. The appellant’s appeal to the Court of Appeal was also dismissed and the appellant appealed further to the Supreme Court.

HELD

Leading judgment by Pius Olayiwola Aderemi, JSC; with A.I. Katsina-Alu, S.A. Akintan, M. Mohammed, W.S.N. Onnoghen, JJSC concurring

1. Substantial error in concurrent findings of lower courts must be corrected on appeal

An Appellate Court can interfere with the concurrent findings of lower courts where there is substantial error on the face of the proceedings which served to occasion a miscarriage of justice. Per Aderemi, JSC at 135.

2. When eviction amounts to trespass

At the time the appellant took over possession of the property, the respondents still had the keys and were therefore still in possession. The appellant therefore ejected the respondents from the property while their motion for an extension was still pending. Considering the circumstances of the case, the appellant committed an act of trespass, since trespass is a wrong against possession. Per Onnoghen, JSC at 153.

3. Landlord not to resort to self-help

A landlord who resorts to self-help to recover property leased by him runs foul of the law and is liable in damages. Per Aderemi, JSC at 135.

4. Liability in damages for trespass

In ejecting the respondent the appellant committed an act of trespass against the respondents and was therefore liable to the respondents in damages. Per Onnoghen, JSC at 153.

5. Commission of a crime must be proved beyond reasonable doubt

If the commission of a crime by a party to a civil case is directly in issue, the party must prove it beyond reasonable doubt. Per Aderemi, JSC at 135.

The quantum of damages had to be proved beyond a reasonable doubt, not on the balance of probabilities normally applied to civil matters. Per Onnoghen, JSC at 153.

6. Special damages must be specifically pleaded

Special damages consist of all items of loss which must be specified in pleadings before they may be proved. Per Aderemi, JSC at 135.

The respondents failed to prove their special damages beyond a reasonable doubt. Per Aderemi, JSC at 135.

The lower courts erred in awarding such damages. Special damages must not only be pleaded by the party claiming same but must also be strictly proved. Per Onnoghen, JSC at 153.

7. Award of special damages must not be outrageous

The award of damages in a case may not be outrageous. The circumstances of the case in which the respondents refused to vacate the leased premises in the face of an order for their eviction meant that they were only entitled to nominal damages in the sum of N10,000 for trespass. Per Onnoghen, JSC at 153.

Prof. A.B. Kasunmu, S.A.N. for the appellant with him, Mr A.A. Odunsi and Mr Tunde Osadare

Chief K.H.C. Nwokolo for the respondents with him, Mr C.J. Omekuagu

okeyben10:
Meet Kesiena and David

I know them, delsu secondary school.
Didn't they attend the same primary school too?

malikombi:
Enugu state

Oh ok

malikombi:
Its possible but not necessarily. While I was serving in HRC, we have two first class guys from Lasu and they were even teaching lower class. However, corp members can be posted to higher institutions regardless of their class of degree and not for the purpose of teaching

HRC kogi state

anataala:
Because the income they’re are making through dubious means is no more coming. NPA

Federal Govt terminated the contract of Intels at the ports in September this year.

I don't think they can keep their staff when money isn't coming in.

RedGreenBlueRGB:
Who knows the meaning of this bag and why are they doing this?

That is a saddlebag. Some people use it in keeping the Quran

richidinho:
Please nairalanders i need your help here, A cooperative bank is occupying one of my shops but had the particular branch closed for over a year now.

I have been calling the CEO to come and open the shop for me i dont even need the more than a year's rent again.

What should i do please?

Did you breach any agreement you had with the tenants by failing to provide anything you promised to provide while his rent was not expired?

There was a case in a compound i lived in the past, our landlord increased our rent and he promised to fix tiles in the rooms and do some little renovations.

He renovated for few tenants and didn't renovate or put tiles for other tenants despite collection the new rent. Some of the tenants felt cheated and decided to deal with him. They refused to move out when their rents were due.

The compound uses a prepaid meter and the landlord recharges 35k monthly for the electricity bills, when the aggrieved tenants refused to pay their rents after it expired the landlord stopped buying the 35k monthly light token. This made the remaining tenants that were paying their rents to be angry.

The compound is being managed by a lawyer who happens to be the secretary of the NBA of that local govt chapter. The lawyer couldn't do much cos we kept reminding him that he and my former landlord we he represents were at fault.

People ended up staying a year or two free. Some of us paid but deducted what we paid to recharge the prepaid meter before giving him the little that was left.

I told him that i don't owe rents because we also have tenants back in my home state. But no landlord will cheat me of my money. Worst case is i deduct what you owe or cost of service you are supposed to render from the next rent i am to pay.

Loaned my Ex 150k. She promised to pay back.

She paid back only 30k.

naijacovid:
whats at the back of Nigerian Naira

Your point is kids with laptop on one currency and cattle in Nigeria's currency. But both countries have Cows in the currencies you are comparing.

naijacovid:
Just Imagine

@op funny enough, there are cattles at the front of the 500 Rwanda Franc.

The picture you posted was the back of the notes.

Venerealisles:
So this year my family decided we were gonna come back to naija early for the Xmas celebrations, we also wanted to do Thanksgiving in Nigeria hence the early arrival.

Well, we were back home in Lag, so I decided to go hang out with some of my long time friends, and what I saw shocked me ooh. They were really big now, felt like they were way older than me. To make matters worst, I senior them pretty damn well, but my tiny physique just makes them think otherwise.

The last straw that broke the camel back was when I went over to my cousin's place, only for my Aunt to start saying stuffs like "I look like a toothpick" she even went as far as saying I should start eating enough beans!! Chaii I have suffered .

I will be 25 by December, but yet most people I come across still think I am a teenager, Little did they know that the so called teenager is the owner of a business in Lagos and also a degree holder.

Inspite of my achievements, I feel what they are saying is beginning to get to me, i can't change the way I look, if I could, I'd probably add more height to my physique .

If you are the one on your dp then you don't look bad, i had a cousin who was even a little bit slimmer than you but she has added after child birth. Plus you are someone's spec, don't let anyone make you feel bad.

You will appreciate your small structure as you age, cos you will always look younger.

When they say Benue Trough, they may not be referring to even benue state o.

The benue trough is a geological location and other northern states fall under it also. I think the Anambra basin falls under the lower venue trough.

What part of the Benue Trough was it discovered?

It is just like saying oil was found in the Niger delta basin, you are already referring to a lot of states, so the NNPC GMD should have given the exact location.


Geologist Abeg make una help us explain.

just2endowed:
Can the sting kill?

Contact with the stinger causes local trauma (from the cut itself), pain, swelling, muscle cramps from the venom, and later may result in infection from bacteria or fungi. The injury is very painful, but seldom life-threatening unless the stinger pierces a vital area. The barb usually breaks off in the wound, and surgery may be required to remove the fragments.

Fatal stings are very rare. The death of Steve Irwin in 2006 was only the second recorded in Australian waters since 1945. The stinger penetrated his thoracic wall and pierced his heart, causing massive trauma and bleeding.

ntyce:
If you're deceiving yourself, don't include others...

Brazilians are mostly white, don't let the football team confuse you

That is because a lot of Nigerians only think about football when Brazil is mentioned. So they tend to see more of black people.

Just like if you only watch USA basketball league you will think the blacks are a majority in the USA .

Meanwhile the blacks are only a minority in the USA.


Photo of the USA basketball team. ( USA has a population of about %76 percent white people )

theFilmtric:
So because Nigeria's last census counted 129 million,we should ignore Population growth abi?
Mixed are black
Black(Negroid)=Broad nose,Black/Brown curly hair,full lips etc
Black isn't just about colour

theFilmtricsay

Any other figure apart from the census figure can only be regarded as an estimate.

theFilmtric:
That is 2010
Besides some sites take the mixed(half-castes) as blacks
2020 is 50.7
Wikipedia isn't always correct

theFilmtricsay

Brazil's last census was in 2010, and the link to the result is quoted on the wiki page.

Why will you regard someone as Mixed race to be black?

theFilmtric:
Most are black»»50.7%

theFilmtricsay

Blacks are a minority in Brazil.

gfon:
Who go pay am?? Seems you guys haven't read bet9ja policy,rules&regulations.Even if the ticket was reprinted,it shouldn't be printed more than 3times or else they have the power to strike out the winings

From the screenshot posted, he didn't reprint a ticket more than 3 times. After three bets you see the win amount for the next three bets changing

Asquare84:
Just at foundation level and you are posting pictures, wait in the next ten years this project is left uncompleted, example abandoned UNN stadium

A lot of the workers that were brought to work on the project have bolted. The project is ongoing at a very slow pace

Hintona:
e be like say na only you get eye for this thread.

The place looks somehow jor

VULCAN:
Why tell us its a members only club without telling us what it takes to be a member?

FAMILY 2 Adults and 2 Children + 5 Guest Passes
Available to married couples and their children, significant others residing in the same house and to single parents and their children
Registration Fee: 100,000
Annual Fee: 650,000

Nanny
Registration: N/A
Annual Fee: 150,000

Single Adult 18 years and Above
Registration Fee: 100,000
Annual Fee: 450,000

Single Child 2-17 Years (ID Proof)
Registration: 25,000
Annual Fee: 250,000

dukeprince50:
no, ijaw is major tribe in Bayelsa, every Bayelsa is not ijaw

Even the deputy governor of Bayelsa State is not Ijaw

...

techmaster092:
I don't have luno

You can use any wallet. Or sign up for luno, it is free

techmaster092:
From 40k-131k,i need to take out this money before story enter d matter, but bank transfer have disappeared since yesterday, have anyone tried card withdrawal b4?

Withdraw with cryptocurrency, i had Same issue yesterday so i used Bitcoin to withdraw. Even the withdrawal amount increased when it got to my luno wallet.
I withdrew 35k but got 40k in my luno wallet.

...

edoairways:
Prepaid metres doesn't help either.

It helps o, when i was using postpaid, the least bill was about 15k per month it gets high to 35k sometimes and they even charge you if your transformer is faulty or you traveled.

Now with prepaid, it doesn't get up to 10k per month.
Change all your bulbs to energy saver.
Turn off lights during the day time.
Turn off lights and fans when no one is using them (it get one house i take dey know if Nepa light dey on my way back home, their outside bulb is always on).

hammerP:
WE HAVE BEEN TELLING DEM FOR YEARS, BUT THE WICKED AFONJA AND ABOKI HOLDING GOVERENMENT WANT SE PEOPLE TO DIE IN THOUSANDS FIRST.


THE CALLS HAVE BEEN FALLING ON DEAF EARS.




SINCE 2015, WE HAVE BEEN CALLING DAT THE BRIDGE NOW SHAKES, BEFORE THEY STARTED THE SECOND NIGER BRIDGE IN A RUSH.



https://www.youtube.com/watch?v=3QykzArA6T4

Nothing is wrong with the bridge jare. It is normal to feel vibrations when there is traffic on a bridge.

See what is written on the bridge

NIGER BRIDGE
EXPRESS WAY
MIN. SPEED 80KM/HR

zurielsam:
You don't know what you are talking about.
Where i live they use to bring a bill of almost 10k monthly despite the fact that we hardly stay at home, we go out early in the morning and come back at night. Last year we go prepaid meter, and we recharged 3k in January,we are still using that 3k till now with all the lock down that we are at home. now tell me which one is sweet

haba, 3k since january that meter has been bypassed. 3k will give you about 81 units or more. or did your transformer get spoilt for 6months?

there was this compound i lived in back then, we never paid bills till we moved out cos it seems the landlord bypassed the meter so the thing was always showing green.