Court adjourns agreement breach case for judgment
A Lagos High Court in Badagry, has adjourned the case between a Lagos landlord, Alhaji Lasisi Ayomunoye and the United Bank of Africa (UBA), to January 17, 2018 for judgment.
Ayomunoye, who is a property owner had taken UBA to court over a breach of deed of the property situate at Plot 15, Aina Layout, Lagos-Abeokuta road, which he sublet to the bank.
Ayomunoye is asking the court for N36million compensation over the restructuring of his property.
At the hearing of the matter, counsel to the claimant, Bolaji Ramos, in his final written address told the court that, there is a subsisting lease between his client and the defendant. And that the defendant agreed in the deed of sublease that he would not alter the property except he seeks and obtains the written consent of the claimant.
Ramos also told the court that despite this existing agreement, the defendant did not only alter the property; it was also demolished without the consent of the claimant.
“The defendant altered the property without the written consent of the claimant,” he said.
He also told Justice Okikiolu Ighile, that the defendant is under obligation not to alter the structure of the said building without the consent of the claimant, even without executed deed of sublease.
“My client is entitled to a compensation of the sum of N36million or in alternative, the sum of N24million, being cost of restructuring the present building to a multi purpose building similar to the one demolished by the defendant. And profit of N1.3million per annum from the date of service of writ herein until possession is delivered”.
Also, in the defendant’s final written address, counsel to the defendant, Collins Ogbonna, told Justice Ighile that the claimant failed to produce any Sublease Agreement by which he can establish the terms of the agreement upon which he is relying for claim of breach of contract.
He also said the claimant has failed to prove his case and his client has proved his defence.
No comments yet