Legal Nigeria

Nonagenarian laments bank’s refusal to vacate Ikeja property

A nonagenarian, Mrs Mary Adedayo Dada, who is the widow of the late Dr Timothy Ekundayo Dada has lamented deprivation of rents following the refusal by the United Bank of Africa Plc (UBA) to vacate their property situated at 39 Joel Ogunnaike Street,
Government Reserved Area (GRA), Ikeja, Lagos.

Mrs Dada noted that the bank has refused to pay the requested sum since the expiration of the sublease agreement by effluxion of time on May 15, 2021, and now the sum ordered by the Court for user and occupation.
A Lagos High court sitting at Ikeja division, has ordered UBA to pay N12 million yearly to the nonagenarian and Dr (Mrs) Oluyemisi Ayoade, for user and occupation of the Ikeja GRA property used by the bank as a branch.

Delivering judgment in the suit marked ID/ADR/2030/2022, on March 27, 2024, Justice Gbadebo Oshoala, also ordered that the above sum be paid from May 16, 2021, until possession is given up by the bank.
The court found that by effluxion of time, the sublease between the bank and the defendants at the property, expired on May 15, 2021.The court, which also made an order for possession, held that it is not its place to write agreements for parties.

UBA had approached the court, following disagreement over terms of the sublease agreement between it and the defendants.
The bank through its counsel, Femi Agunbiade, further stated that the Claimant, UBA, is under the terms of the sublease agreement entitled to a subsequent 10 years from May 16, 2021 to May 15, 2031. Although the rent for those 10 years was never agreed upon.

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 court granted judgment in favour of the defendants, including their counterclaim.

The defendants have stated that UBA has not made any payment for user and occupation since effluxion of their sublease on May 15, 2021 and have remained in possession running their banking business from the property at 39 Joel Ogunnaike Street, GRA Ikeja. The nonagenarian lamented not receiving vital income from the property for her needs including health care.

Source: The Guardian