How A Tenant Won Landlord In Court And Got 5 Million Naira Damages - Properties

How A Tenant Won Landlord In Court And Got 5 Million Naira Damages - Properties - Nairaland

Nairaland Forum › Nairaland General › Properties › How A Tenant Won Landlord In Court And Got 5 Million Naira Damages (308 Views)

1 Reply (Go Down)

How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by MamaFryo(op): 5:28pm On Mar 10

A TENANT WON LANDLORD IN COURT AND GOT 5 MILLION NAIRA AS DAMAGES

Landlord paid 3M and agreed that the tenant should stay for three years to cover for the balance of 2M.

This is a recent case that happened Last year

A tenant installed Solar Panels on the roof without seeking approval from the Landlord, the Landlord got to know from other tenants.

Out of anger, the Landlord called some boys to bring down the solar panels when the tenant wasn't around, those boys threw the panel from the roof to the ground and damaged the panels

Tenant approach fhe court and filed for Malicious Damage

Landlord approach the court and file for tenants eviction for making structural alterations to his building without his approval

Two case in different court at the same time

For the Landlord case, the court ask the Landlord if there is any clause in the tenancy agreement where you ask the tenant not to install solar panel on the roof.

The landlord informed the court that he did not give the tenant any tenancy agreement.

The tenant argued that no rule had been broken because there was no restrictions that had been documented or communicated.

The court made a simple point, where there is no agreement, the court can not invent one for the parties.

Oga Landlord lost his own case.

Back to the tenant own,
Tenant seek legal advice from Atanda.
With Advice from Atanda, Tenant was able to prove to the court that six panels got damaged, the charge controller and the inverter got damaged resulting from breach of wires as they throw those panels down.

One neighbour stood as witness, three people from the next compound stood as witness, CCTV footage from the building facing them was presented as suporting evidence.

Na so Landlord enter wahala

Court awarded 4 million naira damages against the Landlord.

Landlord appealed the case and Court of Appeal upheld the judgement but increased the Damages to 5 Million Na!ra.

Na so tenant take collect 3M cash and three years free rent.

1 Share

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by Ebubeslym(m): 5:33pm On Mar 10

Everywhere go first blur for landlord eyes.

Blur blur blursheep

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by Wealthyonos(m): 5:55pm On Mar 10

All these fake stories.... It is now hard to differentiate fake stories from real ones. Which way Nigeria?

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OkanlawonB(m): 6:05pm On Mar 10

Though sounds like a made up story , but such situation may occur. The judgement is a miscarriage of justice, there is a written tenancy aggrement or not , a tennant should not make any major alteration to a rented property without seeking the approval of the landlord.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OverCalculating(f): 6:43pm On Mar 10

OkanlawonB:
Though sounds like a made up story , but such situation may occur. The judgement is a miscarriage of justice, there is a written tenancy aggrement or not , a tennant should not make any major alteration to a rented property without seeking the approval of the landlord.

When has the installation of solar panel become a major alteration to a rented property? Real or not real story, I think the message is clear. I believe stories like this can happen for real, they are here so that we can learn and not be the victim. I live in a house where almost all the tenants have solar panel installed and there is no problem at all because the installations are well structured. The landlord started it and we all embraced the idea, so he has no reason at all to complain. Solar energy is now becoming a reality in Nigeria, even our Aso Rock is presently fully powered by Solar. If any landlord is still living in the 18th century and thinks he could disturb any tenant from using solar energy, he should be prepared to face whatever comes out from it. He who has ears, let him hear.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by UnlimitedNG: 4:02am On Mar 11

Threads like this should be moved to the front page so that people can learn not to fall a victim. You have done well @OP for bringing this down here.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OverCalculating(f): 5:49pm On Mar 12

UnlimitedNG:
Threads like this should be moved to the front page so that people can learn not to fall a victim. You have done well @OP for bringing this down here.

You are right. I guess it is because it is in the wrong section. Most topics here don't get to the front page because they are mostly adverts.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by jmoore(m): 7:19pm On Mar 12

OverCalculating:
When has the installation of solar panel become a major alteration to a rented property? Real or not real story, I think the message is clear. I believe stories like this can happen for real, they are here so that we can learn and not be the victim. I live in a house where almost all the tenants have solar panel installed and there is no problem at all because the installations are well structured. The landlord started it and we all embraced the idea, so he has no reason at all to complain. Solar energy is now becoming a reality in Nigeria, even our Aso Rock is presently fully powered by Solar. If any landlord is still living in the 18th century and thinks he could disturb any tenant from using solar energy, he should be prepared to face whatever comes out from it. He who has ears, let him hear.

Ignorance! You don't even know why the landlord lost the case in the story.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OverCalculating(f): 10:07pm On Mar 12

jmoore:
Ignorance! You don't even know why the landlord lost the case in the story.

Why did he lose the case? Enlighten me, I want to learn.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by allen113: 10:49pm On Mar 12

OverCalculating:
Why did he lose the case? Enlighten me, I want to learn.

The court made a simple point, where there is no agreement, the court can not invent one for the parties.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OverCalculating(f): 10:56pm On Mar 14

allen113:
The court made a simple point, where there is no agreement, the court can not invent one for the parties.

Well noted. Thanks for the clarification.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by DanielJones: 4:48pm On Mar 24

Many landlords need to learn from this case in this era of solar panel installation in almost every home in Nigeria. If you are a landlord and you don't want solar panel on your roof, it is better for you to include it in your agreement with your tenant before he/she moves in.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by whirlwind7(m): 6:13pm On Mar 24

OkanlawonB:
Though sounds like a made up story , but such situation may occur. The judgement is a miscarriage of justice, there is a written tenancy aggrement or not , a tennant should not make any major alteration to a rented property without seeking the approval of the landlord.

So, he fixed solar panels on the roof, without damaging the roof.
Where is the "alteration" you mentioned?

If landlord doesn't approve of it, the common sense thing to do is to request the tenant to remove them. Correct?

Instead he got some people to forcibly remove them, and they got damaged in the process.

Learn a lesson here, wether the story was true or not.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by OverCalculating(f): 12:51pm On Mar 31

whirlwind7:
So, he fixed solar panels on the roof, without damaging the roof.
Where is the "alteration" you mentioned?

If landlord doesn't approve of it, the common sense thing to do is to request the tenant to remove them. Correct?

Instead he got some people to forcibly remove them, and they got damaged in the process.

Learn a lesson here, wether the story was true or not.

Some Landlords just feel as if they are God. They need to see tenants as thier clients who need to be treated with respect.

Re: How A Tenant Won Landlord In Court And Got 5 Million Naira Damages by MamaFryo(op): 6:11pm On May 15

These are a lot of issues that still need to be resolved in this country.

Wetin I even know sef? I am just an ordinary policewoman.

1 Reply

Quit Notice To A Tenant • NERC: A Landlord's outstanding Electricity Bills Cannot Be Enforced On A Tenant • VICTORIA COURT AND GARDEN, OKI-OLODO, IBADAN. SELLING N6M PER PLOT • 2 • 3 • 4

3bedroom 2bedroom Ifako Gbagada ,650k,700k,750k 800k • 2 Bedroom At Alapere 1year N350K,400K 3bedroom At Alapere 1year N500k.600k • 3 Bedroom Duplex At Ologufe Before AP Filling Station Awoyaya. Price-30m