Facts
The Appellant entered into a tenancy agreement dated 31st August 2009, with the Respondent as the landlord, in respect of the property at Plot 702 Cadastral Zone A00, Central Business District, Abuja. The duration for the tenancy was for a two-year term certain. Further to an alleged breach of the terms as agreed by parties, the Respondent commenced an action against the Appellant for recovery of the premises at the High Court of the FCT in Suit No. FCT/HC/CV/568/2012. The court found in favour of the Respondent, informing an appeal by the Appellant herein to the Court of Appeal. The appeal was also determined in favour of the Respondent, with the Appellant thereby appealing to the Supreme Court in Appeal No. SC/1044/2016, which is still pending at the apex court.
In the course of the appeal, parties met and opted for an out-of-court settlement, involving the payment of arrears of rent with an understanding that the Appellant herein discontinue the appeal at the Supreme Court. The parties also renegotiated and agreed to an execution of a new tenancy agreement dated 14th December 2018, for a one-year term certain. The Appellant was alleged to have breached the terms of the new agreement on the ground of non-renewal after expiration and subletting. The Respondent, therefore, commenced a new action for recovery of the premises at the High Court of the FCT, by way of Originating Summons, praying the court to interprete the tenancy agreement dated 14th December 2018.
