damages as well as the claim of interest since the delay was not due to
their fault, a fact they brought to the Plaintiffs notice. The Defendant urged
the Court to join International Bank Plc (now Access Bank as a party in order
to determine with finality the appropriate person to entitled to receive the
arrears of rent.
In the course of the proceedings, Access Bank Plc, brought an application
as an interested party to intervene. The basis of their application was the
judgment of the Federal Capital Territory, Abuja Nigeria High Court between
her and the Plaintiff as well as other parties.
It appears from the judgment that the Defendant entered into a Mortgage
agreement with the Plaintiff in default of which the intervener in exercise of
its right as a mortgage sold the property the subject matter of rent in this suit
to one Dr. Joseph Okwudili Adiodun. It was on account of this that the
intervener on account of the sale wrote the Defendants and demanded the
payment of the arrears of rent to it rather than the Plaintiff and this is what
placed the Defendants in a dilemma as to whom the arrears should be paid
over.
It is interesting to note that the High Court of the Federal Capital Territory,
set aside the sale as being null and void. Thus, the right of the intervener to
claim the arrears has no basis whatsoever. The Intervener had argued that
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