ABDU ABOKI, J.C.A., (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of the Federal Capital Territory delivered on the 9th day of July, 2007 by Hon. Justice S. C. Oriji.
The brief fact of the case is that the Defendant/Appellant , the occupant of the house situated at No. 18B Vaal Street, off Rhine Street, Maitama, Abuja, rented the house for a period of two years with an option to renew for another two years. The agreed rent was N2.5 million per annum and for two years a total of N5million, out of which the Appellant paid the sum of N4 million. The two year term was to run from 2nd November, 2004 to 2nd November, 2006.
The Appellant alleges that at the time of payment, she was neither issued with any receipt nor given a tenancy agreement. The Respondent however brought a tenancy agreement after a year but the Appellant refused to signed the agreement because the true and proper representation of the oral agreement of the parties was not incorp…