YEKINNI (APPELLANT)

v.

ALHAJI R. ETTI & OTHERS (RESPONDENTS)

(1964) All N.L.R. 482

Division: High Court, Lagos

Date of Judgment: 31st March, 1964

Case Number: LD/9A/64

Before: Le Lestang, C.J. of Lagos

The appellant was put in possession as tenant of one room at No. 14 Bamgbose Street, Lagos by one Tesilimi to whom he paid 25/- monthly rent. In January 1961, the property was partitioned between the joint owners and the room occupied by the appellant was allocated to the respondents. Whereupon, the appellant was informed, though he denied, to pay his rent in future to the respondents, the landlords. The appellant continued, however, to pay rent to Tesilimi. The landlords gave him notice to quit the room on 30th September, 1962; he refused to quit as requested and action was brought against him in February 1963 for possession and £33 being arrears of rent from 1st February 1961 until 30th November, 1962 and mesne profits until possession is given up. The magistrate, satisfied that the appellant was duly informed of the change of ownership but ignored it, entered judgment as follows: (a) for £20 being arrears of rent from 1st February, 1961 to November, 1962 (b) for mesne profits until the end of August, 1963 (c) possession to be given on 31st August, 1963 unless (a) and (b) were paid off before that date; the appellant appealed against the judgment contending that the respondents are not his landlords.

HELD:

(1)     Having regard to the definitions of landlord and tenant in the Recovery of Premises Act there can be no doubt that even if the appellant was not a Common Law tenant he was a tenant under the Act and was therefore liable to pay rent to the respondents, his landlords under that Act.

(2)     Mesne profits are damages for trespass and are consequently only payable by a person who has ceased to hold the demised premises as tenant and has become a trespasser. A tenant who holds over under the Rent Restriction Act is not a trespasser and does not become one until he disobeys an order of the court ordering him to give up possession. Strictly speaking therefore rent should be claimed up to the date of the order for possession and mesne profits thereafter.

Appeal dismissed.

Acts referred to:-

Recovery of Premises Act Cap. 176, section 2.

Rent Restriction Act Cap. 183, section 13.

Solanke, for the Appellant.

Molajo, for the Respondents.

De Lestang, C.J. of Lagos:-This is a tenant's appeal from the decision of the Magistrate's Court, Lagos granting a conditional order for possession to the landlords and entering judgment against him for arrears of rent and mesne profits.

Prior to 1961 the tenant occupied a room in premises known as No. 14 Bamgbose Street, Lagos. He was put in possession of that room by one Tesilimi to whom he paid 25/- monthly as rent. In January 1961 the premises were partitioned between the joint owners and the room occupied by the tenant was allocated to the landlords. Whereupon, according to the landlords, this being denied by the tenant, the tenant was informed that in future he would have to pay rent to the landlords. He continued, however, to pay rent to Tesilimi. In August, 1962, he was given notice to quit the room on the 30th September 1962. As he refused to quit the landlords, in February, 1963, brought an action in the Magistrate's Court wherein they claimed "possession and £33. 0. 0d. for arrears of rent from 1st February 1961 until 30th November, 1962 and mesne profits until possession is given up." The rent in the claim was calculated at 30/- per month but the learned Magistrate found that it was 25/- and he entered judgment as follows:-