Section 39: Repossession of leased equipment by a lessor

(1) Where the lessor becomes entitled to repossess the leased equipment due to non-payment of rentals, and the lessee fails to surrender the leased equipment after service of due notice, the lessor may apply by an ex-parte Motion to the Federal High Court for the repossession of the leased equipment.
(2) If a judge is satisfied by information on oath by a lessor that there is reasonable evidence for holding —
(a) that a lessee is in default of the payment of rent also due to the lessor; and
(b) that the lessor has complied with the provisions of sections 36 and 37 of this Act, he may Issue a warrant to enter and repossess the leased equipment.
(3) The right of the lessor to repossess a leased equipment shall in no way prejudice any other remedy available to the lessor under any law. including but not limited to the right to recover damages for losses caused by non-compliance with the terms of the lease agreement by the lessee.
(4) Where there is repossession under this section the lessee shall unless Otherwise agreed by the parties be responsible for the immediate payment of all rentals due at the time of repossession.