4
entitled to therefore, is mesne profit for the period of occupation
after the tenancy had expired.
In the case of Agbamu v. Ofili
(2004)5 NWLR (pt.867) 540, the court of Appeal defined the term
mense profit thus: “Simply defined, mesne profit is only another term
for damages for trespass arising from the particular relationship of
landlord and tenant.” In Debs & Anor v. Cheico Nig. Ltd (1986)6 SC
179 at 186 – 195, the Supreme court per Oputa JSC (as he then was)
puts
it thus:
“The
expression ‘mesne
profit’
simply
means
intermediate profits, that is, profits accruing between two points of
time – that is between the date when the defendant ceases to hold
the premises as a tenant and the date he gives up possession. Rent
is different from mesne profit. Rent is liquidated, mesne profit is not.
Rent is operative during the subsistence of the tenancy, while mesne
profit starts to run when the tenancy expires and the tenant holds
over.”
I am for all the reasons advanced, prepared to enter judgment
for the Plaintiff as per its amended statement of claim and I so enter.
SGD
JUDGE
19th February, 2013