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Abuja Landlady Wants Court To Evict Tenant Who Owes N470,000 But Pays N5,000 Monthly

A retired civil servant, V. Ufo, has filed a suit before the Magistrate Court in Bwari, Abuja, urging the court to evict her tenant, Mr. B. Asuquo, from her one-bedroom apartment in Bwari, FCT-Abuja.

The legal action stemmed from Mr. Asuquo’s arrears of rent amounting to N470,000, from which the tenant allegedly resorted to making monthly payments of only N5,000.

Ufo seeks the court’s intervention to compel Mr. Asuquo to settle the outstanding debt.

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This sum encompasses the overdue rent, general damages, legal fees, and associated expenses.

According to documents filed in Suit No: CV/215/2023, as seen by THE WHISTLER, V. Ufo asserts her ownership of the property located in Bwari, FCT Abuja, with an annual rental value of N120,000.

She alleged that Asuquo has failed to fulfill his rent obligations for a complete year and, moreover, has threatened legal consequences against her and her lawyer for requesting the overdue payment.

“The Claimant avers that the rent of the Defendant expired by effusion of time on the 2nd of March, 2022.

“The Claimant states that the Defendant is in arrears of rent to the tune of 120,000 (one hundred and twenty thousand naira for the rental period of the year 2022 to 2023 and outstanding and menses
profit to the tune N100,000(one hundred thousand naira) only from March 2022 to March, 2023.

“The Claimant avers that she instructed and authorize her lawyer Fredrick F. Nte Esq., to take control and management of her property at Bwari Resort Road, FCT-Abuja and that she issued a power of attorney to that effect.

“The Claimant further avers that despite all the notices, the defendant failed, neglected and refused to pay his outstanding sum, arrears and mesne profit and also failed to renew his rent till date saying that he will pay whenever he has money.

“The Claimant avers further that upon demand of payment by her lawyer, the Defendant kept threatening to deal with her lawyer, to the extent of threatening to kill her lawyer Fredrick F. Nte if he dares asking him of money any longer, calling him “quack, charge and bail lawyer”,” the landlady stated through her lawyer, Fredrick Nteh.

The lawyer further accused the defendant of refusing to pack from the premises of the claimant and has been allegedly causing trouble, nuisance and attacking his co-tenants.

The claimant alleging to have suffered loss and damage, made the following prayers against Asuquo:

a. An order of this Honourable Court for immediate vacant possession of the one bedroom Apartment at Bwari Resort Road, FCT-Abuja.

b. An order directing the Defendant to pay the sum 120,000 (one hundred and twenty thousand naira) being arrears for the tenancy period of March, 2022 to March, 2023 till the determination of the
Suit.

c. An order of payment of outstanding sum and mesne profit of N100,000.00 (One Hundred Thousand Naira only) from March, 2023 till vacant possession is yielded to the Claimant.

d. An order of this Honourable Court mandating the Defendant to pay the Claimant the sum of N150, 000.00 (One Hundred and Fifty thousand Naira) only as general damages.

e. An order of this Honourable Court directing the Defendant to pay to the Claimant the sum of N 100,000 (one hundred thousand naira) only as the cost of litigation.”

But Asuquo denied any liability in respect of his stay in the one bedroom apartment.

Under examination on Monday, Ufo told the Magistrate, A. Akweke, that she wants the court to recover all her money owed by the defendants and for him to leave her house.

” He pays 5,000 monthly, is that how to pay rent?,” she told the judge.

Under cross-examination, Asuquo’s lawyer, O.T. Melfordekine asked the landlady to tell the court offhand how much his client owes till date.

“The lawyer will account for that. I have given my lawyer the power of attorney. My lawyer will inform you,” she responded.

She added that her former caretaker “tells me that he does not pay.”

When asked to present evidence of receipts issued to the tenants, the landlady responded:

“You bring N5,000 and you expect me to issue a receipt?,” saying that the receipt for house rent is given to those who pay in full.

After cross examination, the court adjourned to October 25 for further hearing.

abujaMagistratemagistrate courtTenancy
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