Appeal court orders Abuja Investments Limited to take over ThisDay Dome.

Abuja-based events center THISDAYDome has lost in its bid to cling onto the center as Court of Appeal Abuja Division at the weekend ordered Abuja Investments Limited‎ to take over the property with immediate effect.

In a judgment in the appeal filed by Leaders and Company challenging the decision of the High Court of the Federal Capital Territory delivered onMay 26th, 2014 which had earlier ‎directed the Abuja Investments Limited

to take possession of the said events center the Court of Appeal in a unaninous decision read by Justice Abubakar Datti Yahaya he held that the appeal lacks merit in toto and accordingly dismissed it.

According to Justice Yahaya”there is no doubt that the appellant (Leaders and Company Limited) has gone to the length it had, only to continue to keep using and occupying the premises of the respondent, fully knowing that it is not so entitled. The sooner we realize in this country, that business should be done substantially in good faith, the better for us.

“This entails honouring agreements entered between parties so that peace and development would be the end result. ‎This is one case that should not have gone to court at all. This appeal lacks merit in toto and I dismiss it, with N100,000 costs to the respondent against the appellant” he declared” he stated.

Justice Yahaya further held that”it is clear from the record that ‎the respondent had led documentary and oral evidence in support of its case.
The tenancy agreement was clearly for a fixed period and definite period

of two years and it had expired without proof by any party, that it had been renewed, when, by who and on what terms.
“There was no evidence led by the appellant, satisfactorily establishing

that it had paid all the rents due and had vacated and delivered up the possession of the premises to the respondent. It has been shown that the

statutory notice of owner’s intention to recover the premises had been duly served on the appellant which had not filed any application to challenge it” he added.
Justice Yahaya further held that”in the circumstance, the trial court had properly evaluated the evidence led before it, had applied the law correctly, and had arrived at the correct conclusion. There is no feature in it that would warrant interfering with the judgment since it is the duty of the trial court to evaluate the evidence and make primary findings
of facts. When correctly done, an appellate court cannot interfere.

Specifically, Leaders and Company had through its Counsel I.F. Chude gone to the Court of Appeal to challenge the decision of the High Court of the Federal Territory which had earlier granted possession of the premises of the Thisday Dome measuring 1.73 hectares and situated at and know as Plot 702 Cadasral Zone A00‎ which was held under lease for a fixed and term of two years which expired on 30th April,2011.
But Abuja Investments Limited through its Counsel, Chief Chris Uche,SAN had asked the Court of Appeal to grant it immediate possession of the property, and compel the appellant to pay it the sum of N39,495,429.30 being arrears of rent for half of the aforesaid term, still unpaid to it by the defendant and the sum of N3,291,285,77 per month as mesue profits from 1st May 2007 until possession is given up.

They further contended that the lease agreement entered into by the two parties for a fixed period of two years from 31st August, 2009 to 1st May,2011 for an agreed sum of N78,990,858,50 lapsed, the appellant failed to pay the rent as agreed and at the expirat‎ion of the tenancy agreement, the appellant did not apply for a renewal of the agreement and failed to give up the premises by continuing it’s occupation.