The Court of Appeal in Lagos has dismissed an appeal in a longstanding tenancy dispute, ordering the immediate eviction of the appellant from a property located at No. 55, Adeniyi Jones Avenue, Ikeja, Lagos.

The judgment, delivered on July 9, 2025, by Justices Frederick Oziakpono Oho, Olabode Abimbola Adegbehingbe, and Nnamdi Okwy Dimgba in Appeal No: CA/LAG/840/2017, affirmed a 2017 decision of the Lagos High Court and imposed a ₦5 million cost against the appellant for filing what the court described as a frivolous and abusive appeal.

The dispute began in 2009 when the property owner, Mrs. Anthonia Olufunke Carew, sought to recover possession of her 16-room office accommodation. The appellant, whose tenancy began in 1988, had overstayed after the lease lapsed in 1998, claiming instead that a fresh 10-year tenancy agreement was in place based on a 2006 letter from Mrs. Carew’s former solicitor, Chief Kunle Oyewo. Mrs. Carew disclaimed the letter, stating it was unauthorized.

In its April 26, 2017 judgment, the Lagos High Court held that no valid tenancy agreement existed and ordered the appellant to vacate the premises. The court further awarded ₦500,000 per annum as holdover rent from March 2007 and ₦250,000 in litigation costs.

Challenging the decision, the appellant argued the High Court lacked jurisdiction due to an alleged arbitration clause in the disputed agreement. However, the Court of Appeal dismissed this argument, noting that no tenancy agreement was tendered as evidence. It also held that the appellant had waived any right to arbitration by participating in the full trial without applying for a stay of proceedings under Section 5 of the Arbitration and Conciliation Act, 1990.

Justice Adegbehingbe, delivering the lead judgment, described the appeal as a clear abuse of court process, noting that the alleged 10-year tenancy—if it had existed—would have expired by February 2017, making the appeal moot. The court strongly criticized both the appellant and their lawyer, John Okoriko, Esq., for attempting to use the judicial process to unjustly retain possession of the property for 19 years without consent.

As part of its ruling, the court ordered:

  • Immediate eviction of the appellant from the property.
  • A restraint on any interference with court bailiffs executing the eviction.
  • ₦5 million in costs to be paid to Mrs. Carew.
  • The forwarding of case records to the President of the Court of Appeal for possible disciplinary action against Mr. Okoriko under the Legal Practitioners Disciplinary Committee Rules, 2020.

Justice Dimgba, concurring with the judgment, noted that the case exemplified misuse of litigation rights, citing Saraki v. Kotoye (1992) as authority. The panel agreed that prolonged abuse of court processes undermines confidence in the legal system.

Reacting to the ruling, C.I. Okolo, counsel to Mrs. Carew, said, “This ruling reaffirms the judiciary’s commitment to protecting property rights and curbing abuse of legal processes.

[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2025/07/Court-Of-Appeal-Evicts-Lagos-Tenant-Slams-Frivolous-Appeal-Refers-Lawyer-For-Disciplinary-Action.pdf” title=”Court Of Appeal Evicts Lagos Tenant, Slams Frivolous Appeal, Refers Lawyer For Disciplinary Action”]

It sends a strong message against frivolous litigation intended to frustrate rightful owners.”

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