ANIETI ISAAC AKPAN & ANOR v. CYRIL OKON AKPAN & ANOR
(2014)LCN/6853(CA)
RATIO
CONDITIONS IN THE ENFORCEMENT OF A VALID LEASE
A lease is an exact legal transaction affecting an estate. For it to be valid and enforceable it must state the following: (a) the lessor and the lessee; (b) the premises and dimensions of the property to be leased; (c) the commencement and duration of the term of the lease; (d) the rent payable; (e) the covenants of the lease; and (f) the mode of determination of the lease. Odutola v. Papersack (Nig) Ltd. (2006) 18 NWLR (Pt.1012) 470 SC, Bosah V Oji (2002) 6 NWLR (Pt.762) 137 SC, Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157 SC.
An agreement for a lease is binding on the parties Opara v. D. S. (Nig) Ltd (1995) 4 NWLR Pt 390 Pg 440. Exh C embodies all the key attributes in the transaction between the parties. The lease was between the parties and it is for a term, certain. See Okechukwu vs Onuorah (2000) 12 SC Pt II pg 104. Exh C is a legal document that binds all the parties in this Appeal.
This singular act is a breach of the covenant to pay rent. If a tenant breaches the covenant to pay rent, the landlord can take an action for re-entry. See A.G. Lagos State v Sowanole (1992) 8 NWLR Pt.261 Pg 589. The remedy available for a landlord at the expiration of a lease, and the tenant holds over without paying rent is to bring any action in the High Court to recover possession as provided by law. Obioha vs Dafe (1994) 2 NWLR Pt 325 Pg 157. In the instant appeal, the appellants failed to pay rent since 1976. They have breached a covenant of the lease, and as such, the Respondent can legally recover possession of the land. Per UZO I. NDUKWE-ANYANWU, J.C.A
BURDEN OF PROOF TO ESTABLISH A CLAIM FOR DECLARATION OF TITLE TO LAND
In a claim for declaration of title to land the onus is on the plaintiff to establish his claim upon the strength of his own case and not upon the weakness of the case of the defendant. The plaintiff must therefore satisfy the court that upon the pleadings and evidence adduced by him, he is entitled to the declaration sought. See Gbadamosi v. Dairo (2007) 3 NWLR Pt 1021 Pg 282, Dada v Dosunmu (2006) 18 NWLR Pt 1010 Pg 134, Onissaodu vs Elewugu (2006) 13 NWLR Pt 998 Pg 517, Agiboye v. Ishula (2006) 13 NWLR Pt 998 Pg 628.
In a claim for declaration of title to land, a plaintiff has the burden of proving his case upon his own evidence and cannot rely on the weakness of the defendant’s case. See Otanma v Youdubagha (2006) 2 NWLR Pt 964 337. Onisaodu v Elewugu (2006) 13 NWLR Pt 998 Pg 5127, Dike v Okoloedo (1999) 10 NWLR Pt 623 Pg 359, Madubuanwu v. Nnalue (1999) 11 NWLR Pt 6238 Pg 673, Eze v Atasie (2000) 6 SC Pt 1 Pg 214, Elema v Akanzia (2000) 6 SC Pt III P.126, Itauma vs Akpe-line (2000) 7 SC Pt II Pg 24. Per UZO I. NDUKWE-ANYANWU, J.C.A
