Facts:

The respondent granted a sublease of a vacant parcel of land to the appellant under a sublease agreement on which the appellant built a petrol station. The appellant appointed the respondent a dealer at the petrol station, and the dealer operated in the petrol station. Among the terms of the sublease agreement is the payment of the rent annually at N25.00 payable in the month of January each year commencing from 23rd April 1985. Also contained in the sublease is a clause that states that “If without reasonable cause or excuse on the part of the lessee the rents herein reserved shall be in arrears or remain unpaid for three consecutive years after becoming due and payable the sublessor may re-enter upon the subdemised, and the sublease herein may cease and determine.” The respondent claimed and invoked the provision in the sublease of re-possession of the land on which the petrol station resided and repossessed the land.

The respondent also brought an action for forfeiture of the lease at the High Court while the appellant counter claimed for the equitable relief against the forfeiture. The High Court dismissed the respondent’s claim for forfeiture and awarded the appellant’s claim for relief against forfeiture and also ordered the appellant to pay the arrears of rent. The respondent refused to accept the arrears of rent which was subsequently paid by the appellant into the court as judgment of the court. The respondent thereupon accepted payment through the Court. The respondent however appealed against the refusal of forfeiture to the Court of Appeal which dismissed the appeal.