IN THE DISTRICT COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN AT ABUJA
SUIT NO: CV/WZ2/613/2024

BETWEEN:

Engr. MPAKABOARI G. YOUNG-HARRY …..……………. CLAMAINT

AND

MR. VICTOR C. GARBA ………………. DEFENDANT

CLAIMANT’S FINAL WRITTEN ADDRESS

1.0 INTRODUCTION:
1.1 The Claimant by an application for the issuance of Civil Summons
against the Defendant, filed a Plaint dated 16th day of January, 2024
claiming from the Defendant as follow the following reliefs:
i. A DECLARATION that the Defendant’s tenancy has expired and tenancy
terminated since the 19th day of December, 2023;

ii. AN ORDER granting to the Claimant the possession of his property that is
the Three (3) Bedroom Flat situate at Plot 131, TOS Douglas Crescent,
Kaura, Abuja FCT;

iii. AN ORDER directing the Defendant to immediately vacate forthwith and

deliver up vacant possession of the Claimant’s property known as Three (3)
Bedroom Flat situate at Plot 131, TOS Douglas Crescent, Kaura, Abuja
FCT.

iv. MENSE PROFIT at the rate of N150,000.00 (One Hundred and Fifty
Thousand Naira) per month computed from the 1st day of January, 2024,
till the day of recovery of possession of the said Three (3) Bedroom Flat
situate at Plot 131, TOS Douglas Crescent, Kaura, Abuja FCT

v. AN ORDER directing the Defendant to deliver up vacant possession of the

demise premise that is the Three (3) Bedroom Flat situate at Plot 131, TOS

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 Douglas Crescent, Kaura, Abuja FCT in a tenantable state and liable for
repairs of all fixtures and fittings that have been damaged as a result of his
use while he had possession
vi. COST of this action at the sum of N700,000.00 (Seven Hundred
Thousand Naira)

vii. ANY OTHER reliefs as may be just and applicable in the circumstances.

2.0 SUMMARY OF THE FACTS

2.1 This is a civil matter for recovery of possession.

2.2 The Claimant by an application for issuance of Civil Summons against
the Defendant, seeking for reliefs which are as contained in the
introduction.
2.3 The Claimant is the beneficial owner and Landlord of the Three (3)
Bedroom Flat situate at Plot 131, TOS Douglas Crescent, Kaura, Abuja
FCT.
2.4 The Defendant is a tenant to the Claimant occupying the Three (3)
Bedroom Flat situate at Plot 131, TOS Douglas Crescent, Kaura, Abuja
FCT until 19th day of December, 2023 when his tenancy was determined
by a Notice to Quit.
2.5 At the expiration of the Six (6) Months Notice to Quit, the Defendant
deliberately refused to deliver up possession of the premises and also
neglected to pay his rent.
2.6 The actions of the Defendant cause continuous hardship and economic
loss on the Claimant, hence the Claimant instructed his Lawyer to take
all necessary and legal steps to evict the Defendant.
2.7 In the light of Claimant’s instruction, O. S. Ephraim-Oluwanuga Esq.,
Principal counsel in O. S. Ephraim-Oluwanuga & Co. served the
Defendant Seven (7) Days Notice of Owners Intention to Apply to
Recover Possession.
2.8 The Defendant, notwithstanding the said statutory notices has
deliberately refused to deliver up possession of the said premises or pay
the said rent as a result which the Claimant’s lawyer institute this matter
before this Honorable Court to recover the demised premises from the
Defendant.

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3.0 ISSUES FOR DETERMINATION:
In the humble opinion of the Claimant, we have formulated a sole issue
necessary for the determination of this suit.

Whether from the totality of the evidence adduced the Claimant has
proved his case against the Defendant upon the preponderance of
evidence to wit?

4.0 LEGAL ARGUMENT/SUBMISSION ON THE ISSUE:

ARGUMENT ON ISSUE ONE (1) FOR DETERMINATION

4.1 For ease of reference, we hereby reproduce the sole issue hereunder,

“Whether from the totality of the evidence adduced the Claimant has
proved his case against the Defendant upon the preponderance of
evidence to wit?”

4.2 We answer the above issue / poser in the affirmative. The case before Your
Worship is a civil matter for recovery of premises. The position of the law is
that a party who asserts or wishes the Court to believe a fact have to proof
same. SEE: Section 133, 134, and 136 of the Evidence Act. We humbly
submit that, the Claimant has proved his case on the balance of probability and
demonstrated the right to recover possession for personal use. The required
notices (Exhibit P1C and Exhibit P1D) were properly served and same were
admitted in evidence without objection.

4.3 Your Worship, it is pertinent to note that the type of tenancy entered between
the Claimant and the Defendant is a fixed term tenancy, this fact is supported
by the tenancy agreement duly executed between the Claimant and the
Defendant which is before this court and marked as Exhibit P1A and a careful
look at the date the Claimant issued the Defendant Seven (7) days notice of
owner’s intention to apply to recover possession (Exhibit P1D), the
Defendant’s tenancy had expired by effluxion of time and the Defendant was
only entitled to the said notice.

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 In one of the Locus Classicus cases for recovery of premises, the Apex Court
held that in periodic tenancies, non-payment of rent by a tenant results to
proper determination of tenancy by effluxion of time / operation of law and the
tenant becomes a tenant at will, therefore the tenant shall only be entitled to
notice to quit of seven (7) days length and seven (7) days owners intention to
apply to recover possession. SEE: ODUTOLA v. PAPERSACK NIG. LTD
(2006) 18 NWLR (Pt. 1012) 470 SC. These notices were served on the
Defendant and are before this Honorable Court as evidence and marked
Exhibit P1C and Exhibit P1D respectively.

4.4 Your Worship, we further submit that the tenancy agreement (Exhibit P1A)
duly executed between the Claimant and the Defendant provides that where
tenancy has elapsed, the Defendant is only entitled to seven (7) days owner’s
intention to apply to recover possession. In this line, we refer this Court to
clause b of the tenancy agreement (Exhibit P1A) which is the appropriate and
applicable provision in the instance case. And the Defendant was equally
issued the seven (7) days notice of owner’s intention to apply to recover
possession (Exhibit P3). For ease of reference we hereby reproduce clause b
from the tenancy agreement (Exhibit P1A):

“PROVIDED ALWAYS AND IT IS HEREBY

EXPRESSLY AGREED AS FOLLOWS;
b. At the expiration of this one year (or subsequent
year or years if allowed by the Landlord/Agent),
tenancy the Landlord shall have the immediate
power/right to recover possession of the said apartment
at any time by giving only oral or written 7 (seven)
days’ notice of owner’s intention to recover
possession. (Underline for emphasis)

4.5 Furthermore, assuming but not conceding that the tenancy relationship between
the Claimant and the Defendant is not a fixed term tenancy. The Claimant
complied with the instant statutory law which is the Recovery of Premises Act,
and served the Defendant with the required six (6) months’ Notice to Quit for a
yearly which is before this court and marked as Exhibit P1C. And upon
expiration of the said notice, the Claimant instructed his lawyer via a letter of
instruction marked as Exhibit P1B to serve on the Defendant Seven (7) Days
Notice of Owner’s Intention to Apply to Recover Possession (Exhibit P1D).
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 Your worship, it is pertinent to note that the assertions or claims of the
Claimant before this court were not challenged nor discredited during trial. The
position of the law is trite that an unchallenged fact is deemed to be an
admission and need no further proof.

4.6 Your worship, flowing from the above submissions, evidence before this court,
and decided cases, we strongly submit that the Claimant has satisfied the
condition precedent for instituting an action for recovery of premises and he is
entitled to all the reliefs sought for as contained in the Plaint. We urge this
Honorable Court to so hold.

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5.0 LIST OF AUTHORITIES

(a) STATUTORY AUTHORITIES

1. Evidence Act
2. Recovery of Premises Act, Cap 544 LFN Abuja

(b) JUDICIAL AUTHORITIES

1. ODUTOLA v. PAPERSACK NIG. LTD (2006) 18 NWLR (Pt. 1012)
470 SC.

Dated 1st Day of November, 2024

_________________________
Sola Ephraim – Oluwanuga, mni
Lisa Ayaokpo Igenegbai Esq.
Ayenajeyi Habila, Esq. [Signed]
C. C. Ezeoke, Esq.
P. N. Chidi, Esq.
C. A. Agulefo, Esq.
O. S. EPHRAIM-OLUWANUGA & CO
(Counsel to the Defendant)
Block C1, Pinecreek 1048,
Behind Games Village,
Kaura District,
Abuja.
08139423440
Oluwanugaandco@yahoo.com

FOR SERVICE ON:

THE DEFENDANT
Mr. Victor C. Garba
Plot 131, TOS Douglas Crescent,
Kaura, Abuja,
FCT.

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