(2003) JELR 44925 (CA)    

Court of Appeal  ·  CA/L/123/2001 ·  27 Mar 2003 ·  Nigeria
Other Citations
Best Vision Cent. Ltd. v. U.A.C.N.P.D.C. Plc [2003] 13 NWLR (Pt.838)594
Best Vision Cent. Ltd. v. U.A.C.N.P.D.C. Plc. (2003) 13 NWLR (Pt. 838) 594
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
broad street
learned trial judge
statement of claim
tenancy agreement
agent of a disclosed principal
brief of argument
civil procedure
service charge
case of the appellants
grounds of appeal
important issue
lagos state high court
order of perpetual injunction
unico pension trust
agent of the plaintiffs
cause of action
competent parties
cursory glance
due process of law
first mortgage
lagos high court
leading judgment
learned trial judge ought
leave of this court
limited purpose
marina street
notice of appeal
proper party
provision of certain essential services
question of law
registered office
said appellants
service charge payments
severe damage
single issue
subject-matter of this suit
suit no. id
summary of the facts
support of this argument
unico pension trust ltd

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Rhodes-Vivour, (J) of the Lagos High Court delivered on the 23rd January, 2001 striking out the suit No. ID/2374/2000 instituted by the plaintiffs on the grounds that the defendant was the agent of a disclosed principal.

The summary of the facts upon which the case of the appellants, who are the plaintiffs, is based is that the appellants as tenants in the building situate at 61 Marina Street and 143/145 Broad Street, Lagos had been making service charge payments to the respondent for the provision of certain essential services to the premises which they occupy. The services include electricity water,cleaning and security. For providing these services to the appellants the respondent charges a commission of 10% of the total amount collected as service charge.

It is the case of the appellants that the respondent has failed or neglected to provide adequate service commensurate to the sum of mone…

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