Facts:

The Respondent, owner of a 16-room office property at 55 Adeniyi Jones Avenue, Ikeja, Lagos, leased it to the Appellant in 1988 for 8 years, with an option of renewal for 2 years. Disagreement over rent renewal in 1996 led to litigation, and in 2005 the Lagos High Court held that the Appellant’s tenancy had expired in 1998, fixing rent for use and occupation at ₦500,000 annually until possession was delivered.

In 2006, the Respondent’s former solicitor, without authority, wrote a letter offering the Appellant a 10-year tenancy at ₦750,000 yearly rent, commencing 1st March 2007. The Appellant accepted and paid the first year’s rent, but the Respondent disclaimed the arrangement. Despite this, the Appellant remained in possession.

The Respondent issued statutory notices and sued in 2009 to recover possession. The Appellant counterclaimed, insisting on a subsisting 10-year tenancy based on the solicitor’s letter, and relied on an arbitration clause therein.

The High Court, in April 2017, dismissed the counterclaim, found no valid 10-year lease, and ordered the Appellant’s immediate eviction with payment for use and occupation. Dissatisfied, the Appellant appealed.