CaseLaw
Pan Asian African Co. V. NICON (1982) CLR 9(a) (SC)
Judgement delivered on September 10th 1982
Brief
Facts
The Pan Asian African Co. Limited, hereinafter called the appellants, were defendants in suit No. LD. 322/78 instituted by the National Insurance Corporation Nigeria) Limited hereinafter called respondents in the High Court of Lagos State holden in Lagos claiming in the terms of the endorsement on the writ of summons;
Pleadings were settled, filed and exchanged by the parties and the issues joined went to trial before Oshodi, J.
At the conclusion of the trial in which both parties adduced evidence, the learned trial judge delivered a considered judgment in favour of the plaintiff/respondent On the claim for possession, the learned trial Judge said;
"In my view, the defendant has no defence to the plaintiffs' claim for possess¬ion. The contractual tenancy which it held of its former landlord expired on the 20th January, 1977 and when the property was subsequently sold to the plain¬tiff, the latter refused to accept it as its tenant. I agree with the submission of the plaintiff that the defendant, being a limited liability company did not after the expiration of the lease become a statutory tenant. In Hiller vs. United Dairies (London) Ltd. (1934) 1 K.B. 57 C.A., it was held that a limited company which by its very nature is incapable of occupying premises as a home cannot become a statutory tenant even if a servant of the company lives on the premises. See Megarry Rent Acts Test pages 126 and 190 ............ In the result, the defend¬ant is hereby ordered to give up possession of the flat which it occupies at No. 17 Raymond Njoku Street. South-West, Ikoyi, Lagos on or before the 15th No¬vember, 1978."
On the claim for mesne profits, the learned trial Judge said. inter alia: “The defendant on the other hand, contends that the rent being paid at the time the tenancy expired was N7,000.00. In his address, learned counsel for the plaintiff conceded the amount as N7,000.00 ................................. I would cal¬culate the mesne profits at the rate of N7,000.00 from the 1st June, 1977 until the possession of the said flat is given up."
Aggrieved by this decision, the defendants appealed to the Federal Court of Appeal but without success. The learned Justices of the Court of Appeal (Ademola, Nnaemeka-Agu and Karibi-Whyte, JJ.C.A.) unanimously dismissed the appeal.