A 75 year-old man, Chief Matthew Omoniyi Idowu, has vowed to reclaim his house legally, by appealing the judgment that struck out the initial suit filed to recover the property from his tenant, Mrs. Maria Pamela Nwandos, the Managing Director of Nwandos Signature Limited.

Chief Idowu made the vow while reacting to the judgment delivered by Chief Magistrate P. O. Ojo, of Yaba Chief Magistrate Court, Lagos, on the suit numbered MCY/2227/2022, wherein he was the claimant while Mrs  Maria Pamela Nwandos, was defendant.

Chief Idowu had dragged Nwandos before the court presided by Chief Magistrate Ojo, to reclaim of his a-4 bedroom duplex, which also has 2 room self-contain with appurtenances situate at Plot 276, Babs Animashaun Road, Off Bode Thomas, Surulere, Lagos, over alleged default in tenancy agreement.

In the suit, Chief Idowu had asked the court for the following reliefs: “possession of premises consisting of 4 bedroom duplex wing A plus 2 room self contain with appurtenances situate at Plot 276, Babs Animashaun Road, Off Bode Thomas, Surulere, Lagos

“Arrears of rent for the sum of N875, 000, 00; Mesne Profit at the rate of N291.66 67 per month from 1st April 2022, untill vacant possession is given up, cost of Solicitor’ fees of N200, 000, 00, and An order to open force.”

While the case lasted, the defendant, Mrs. Nwandos, was alleged to have failed, refused and neglected to file any response neither did she engage any counsel to defend the suit on her behalf.

However, Chief Magistrate Ojo, while delivering judgment in the suit on March 3, 2023, struck out the claimant’s suit on the ground that he failed to prove his entitlement to judgment.

Chief Magistrate Ojo, after perusing all the exhibits tendered by the claimant through his Attorney, Vincent Okonko, and cited several judicial authorities held that: “the defendant failed, refused and or neglected to come to Court to defend the suit. The only evidence before the court is the unchallenged, uncontradicted and uncontroverted evidence of the claimant’s witness and I ought act on same.

“Having said that Court can only act on unchallenged, uncontroverted and uncontradicted evidence that is credible, not hallow bereft of substances.

“The claimant’s evidence must prove his case. The evidence before the Court does not contained the date of service of the notice served on the defendant. Failure to testify as to the date of service of the notice to quit is fatal to the case of the Claimant,

“The fact that the defendant did not defend the suit is of no moment. This is because the Court cannot therefore determine if the defendant had adequate notice to hold that the tenancy was properly determined.

“The claim for possession and Mesne profits therefore failed and are struck out.

“There is no evidence before the court showing how the Solicitor’s fees were arrived at. No bill of charges and fees are in evidence before the Court. He who    asserts must prove.

“The Claimant also claims arreas of rent in the sum of N291, 666, 67 only, but again though the claims for possession and Mesne profit have been struck out, it does not prevent the claim for arrears of rent being granted.

“The Claimant must succeed on the  strength of his own case and not on the failure or weakness of the defendant’s case because the defendant is not any under obligation to call evidence when the Claimant has not prove his case. The Claimant has failed to prove his entitlement to judgment in this suit. The suit is accordingly struck out.”

In her response to the suit, Mrs. Nwandos, while responding to the text messages sent to her on Sunday, admitted being aware of the suit and said: “Yes, am aware, we will be paying soon”.

She also promised to get back to this medium for more talk, but as at the time of filing thia report, nothing was heard from her.