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…