Nonagenarian laments deprivation as bank appeals
A Lagos High court, Ikeja, has ordered United Bank of Africa Plc (UBA) to pay N12 million yearly to a nonagenarian, Mrs Mary Adetayo Dada and Dr (Mrs) Oluyemisi Ayoade, for occupying and using a Lagos property situated at 39 Joel Ogunnaike Street, Government Reserved Area (GRA), Ikeja, Lagos.
Delivering judgment in suit marked ID/ADR/2030/2022, on March 27, 2024, Justice Gbadebo Oshoala also ordered that the money be paid from May 16, 2021, until possession is given up by the bank.
The court also declared that by effluxion of time, the sublease between the bank and the defendants at the property expired on May 15, 2021.The court further ordered the defendants to take possession of all the premises and appurtenances.
The court also held that it is not its place to write agreement for parties. UBA had approached the court, following disagreement over terms of the sublease agreement between it and the defendants.
The plaintiff stated that the deceased sublessor Dr. T. Ekundayo Dada and it, mutually executed the sublease agreement dated May 16, 2006 on the property.
It averred that clause (1) of the subsisting sublease agreement states that the UBA (being the claimant) paid an upfront rent for 15 years period between May 16, 2006 and May 15, 2021 for N3 million yearly, totaling N45milion.
The bank through its counsel, Femi Agunbiade, further stated that the respondents have refused to accept a fair market and reasonable sum of N12 million yearly as the rent for the subsequent 10 years in the sublease agreement from May 16, 2021 to May 15, 2031.
But in their statement of defence and counterclaim, the defendants through their counsel, Shuaib Kadiri, contended that by effluxion of time the sub-lease expired on May 15, 2021.
They argued that the contract for a subsequent 10 year lease being inchoate was unenforceable. The defendants, executrixes of the late Dr. T. Ekundayo Dada also asked for possession of the property and the appurtenances per their counterclaim.
The court granted judgment in favour of the defendants, including their counterclaim. Dissatisfied, UBA has lodged an appeal against the decision.
Meanwhile, the nonagenarian, Mrs Mary Adetayo Dada and widow of the late Dr Timothy Ekundayo Dada, have lamented deprivation of rents from the property following UBA’s refusal to pay the requested sum since the expiration of the sublease agreement by effluxion of time on May 15, 2021, in addition to the sum ordered by the Court for user and occupation.
