Leaders and Company Limited operators of the popular Abuja-based events<\/p>\n
center THISDAYDome has lost in its bid to cling onto the center as Court
\nof Appeal Abuja Division at the weekend ordered Abuja Investments Limited\u200e
\nto take over the property with immediate effect.<\/p>\n
In a judgment in the appeal filed by Leaders and Company challenging the
\ndecision of the High Court of the Federal Capital Territory delivered on
\nMay 26th, 2014 which had earlier \u200edirected the Abuja Investments Limited
\nto take possession of the said events center the Court of Appeal in a
\nunaninous decision read by Justice Abubakar Datti Yahaya he held that the
\nappeal lacks merit in toto and accordingly dismissed it.<\/p>\n
According to Justice Yahaya”there is no doubt that the appellant (Leaders
\nand Company Limited) has gone to the length it had, only to continue to
\nkeep using and occupying the premises of the respondent, fully knowing
\nthat it is not so entitled. The sooner we realize in this country, that
\nbusiness should be done substantially in good faith, the better for us.<\/p>\n
“This entails honouring agreements entered between parties so that peace
\nand development would be the end result. \u200eThis is one case that should not
\nhave gone to court at all. This appeal lacks merit in toto and I dismiss
\nit, with N100,000 costs to the respondent against the appellant” he
\ndeclared” he stated.<\/p>\n
Justice Yahaya further held that”it is clear from the record that \u200ethe
\nrespondent had led documentary and oral evidence in support of its case.
\nThe tenancy agreement was clearly for a fixed period and definite period
\nof two years and it had expired without proof by any party, that it had
\nbeen renewed, when, by who and on what terms.<\/p>\n
“There was no evidence led by the appellant, satisfactorily establishing
\nthat it had paid all the rents due and had vacated and delivered up the
\n\u200epossession of the premises to the respondent. It has been shown that the
\nstatutory notice of owner’s intention to recover the premises had been
\nduly served on the appellant which had not filed any application to
\nchallenge it” he added.<\/p>\n
Justice Yahaya further held that”in the circumstance, the trial court had
\nproperly evaluated the evidence led before it, had applied the law
\ncorrectly, and had arrived at the correct conclusion. There is no feature
\nin it that would warrant interfering with the judgment since it is the
\nduty of the trial court to evaluate the evidence and make primary findings
\nof facts. When correctly done, an appellate court cannot interfere.<\/p>\n
Specifically, Leaders and Company had through its Counsel I.F. Chude gone
\nto the Court of Appeal to challenge the decision of the High Court of the
\nFederal Territory which had earlier granted possession of the premises of
\nthe Thisday Dome measuring 1.73 hectares and situated at and know as Plot
\n702 Cadasral Zone A00\u200e which was held under lease for a fixed and term of
\ntwo years which expired on 30th April,2011.<\/p>\n
But Abuja Investments Limited through its Counsel, Chief Chris Uche,SAN
\nhad asked the Court of Appeal to grant it immediate possession of the
\nproperty, and compel the appellant to pay it the sum of N39,495,429.30
\nbeing arrears of rent for half of the aforesaid term, still unpaid to it
\nby the defendant and the sum of N3,291,285,77 per month as mesue profits
\nfrom 1st May 2007 until possession is given up.<\/p>\n
They further contended that the lease agreement entered into by the two
\nparties for a fixed period of two years from 31st August, 2009 to 1st
\nMay,2011 for an agreed sum of N78,990,858,50 lapsed, the appellant failed
\nto pay the rent as agreed and at the expirat\u200eion of the tenancy agreement,
\nthe appellant did not apply for a renewal of the agreement and failed to
\ngive up the premises by continuing it’s occupation.<\/p>\n","protected":false},"excerpt":{"rendered":"
Leaders and Company Limited operators of the popular Abuja-based events center THISDAYDome has lost in its bid to cling onto the center as Court of Appeal Abuja Division at the…<\/p>\n","protected":false},"author":1,"featured_media":50239,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-50293","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n