Following this year’s Easter holidays, proceedings in Lagos courts, including hearings and the delivery of judgments have been stalled.
Last week, an Igbosere High Court could not rule in a N36.8 million suit brought against the United Bank for Africa by a Lagos businessman, Alhaji Azeez Ayomumoye.
Ayomumoye had sued the bank for a breach of property lease agreement.
Justice Bola Okikiolu-Ighile had earlier fixed a date to deliver judgment in the suit, but found out that there were “grey areas” in the parties’ addresses.
She, however, requested parties to appear in court for clarifications on the grey areas.
The judge had requested the parties to further address her on whether or not the court could not infer that an agreement existed between the parties even in the absence of a Deed of Sublease.
Last month, parties adopted their further addresses and after listening to the adoption of further written addresses, the judge fixed March 22 to deliver judgment in the suit.
However, on March 22, judgment was stalled again due to the absence of the judge and March 28 was fixed for the judgment, which fell on Easter vacation for the courts.
The judgment was shifted to April 10.
Counsel to the defendant, Mr. Collins Ogbonna, while addressing the court, argued that the Deed of Sub-lease, which the claimant (Ayomumoye) sought to rely on, had been rejected by the court.
Ogbonna said the Certified True Copy of the Deed of Sublease, which the claimant presented from the Bar at the close of trial, should not be considered by the court since the claimant’s witness had already testified in court.
While puncturing the defendant’s argument, Mr. Qudus Mumuney, counsel to the claimant, argued that it was the responsibility of the court at the close of trial to look at the totality of the evidence before, including both documentary and oral, to reach a fair judgment.
He said the dispute between the parties was not whether there was a Lease of Agreement between them.
Mumuney said, “The only contention of the defendant is that the demolition was done while the claimant stood by without stopping them.
“The law is settled that even if there is no written agreement between the parties, there is an implied covenant imposed by law on the defendant that they cannot alter the claimant’s property without his consent.
“In the absence of such written consent, UBA shall be liable in damages.”
Ayomumoye had claimed that a deed of sub-lease of October 1, 2006 between him and UBA was breached by the bank on his building situated at Plot 15, Aina Lay-out at Dopemu on the Lagos-Abeokuta Expressway.
Contrary to the deed of sub-lease, he said the bank “wholly demolished the property and erected a new structure in its place” without his consent and approval.
