The dispute leading to this appeal arose from a landlord and tenant relationship. The Respondent was the Plaintiff at the Enugu High Court. It owned an estate consisting of several buildings in Enugu. It leased several of these buildings to the Defendant, a foreign construction company. There were three lease agreements covering the 24 properties leased. The first agreement dated 1/11/79 covered 12 semi-detached buildings; the second dated 1/9/8 covered 6 semi-detached buildings and the third dated 1/3/80 covered six bungalow units. The estate is at Rockonoh Estate, Ekulu west extension, G.R.A., Enugu. In respect of the buildings covered by the first agreement, the agreed rent was N102,000.00 per annum at N8,500.00 per unit. For the buildings covered by the second agreement, the agreed rent was N54,000.00 per annum at N9,000.00 per unit; and the rent for the third set of building was N36,000,000.00 per annum at N6,000.00 per unit.
The Plaintiff claimed against the Defendant for:
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1
The sum of N369,000.00 (Three hundred and sixty-nine thousand naira) being arrears of rent in respect of Plaintiff's houses situate at Rockonoh Estate, Ekulu West Extension, G.R.A. Enugu, which were let to the Defendant by the Plaintiff under lease agreements, which arrears the Defendant has refused and/or neglected to pay despite repeated demands; made up as follows:-
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a
From 1st March, 1984, to September, 1986 in respect of 6 bungalows at the rate of N6,000.00 (six thousand naira) per annum, per house i.e. N93,000.00 (Ninety-three thousand naira);
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b
1st November, 1984 to September, 1986 in respect of 12 semi-detached buildings at the rate of N8,500.00 (Eight thousand, five hundred naira) per annum, per house N204,000.00.
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c
1st December, 1984 to 31st March, 1986 in respect of 6 semi-detached storey buildings at the rate of N9,000.00 (Nine thousand naira) per annum, per house N72,000.00.
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2
Mesne profits at the rate of N138,000.00 (One hundred and thirty-eight thousand naira) per annum from 1st October, 1986 until the Defendant yields up possession thereof to the Plaintiff;
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3
An order of Court against the Defendant to comply with the provisions of the tenancy agreement and the restoration of Plaintiff's house aforesaid to habitable and tenantable condition, until the Defendant yields up possession thereof to the Plaintiff;
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4
Simple interest at the prevailing commercial rate of 13 per centum on the N369,000.00 from the 1st day of March, 1984 until judgment.''
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"The judgment and orders of the lower Court are hereby set aside. The Appellant is therefore granted outstanding rents to the 1st October, 1986 in the sum of N360,000.00 with 13% interest per annum as claimed. Appellant is also mesne profit in the sum of N360, 000. 00 in respect of 18 houses that the respondent occupied from 1st October, 1986 to the date it vacated the house.
The Appellant is awarded costs in the sum of N1,000.00 only.”
The Defendant was dissatisfied with the judgment of the Court below and has brought this appeal against it.
