(2000) JELR 44134 (CA)    

Court of Appeal  ·  CA/L/145/90 ·  10 Jan 2000 ·  Nigeria
Other Citations
Adekoya v. F.H.A. (2000) 1 NWLR (Pt.652)
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
25th july
festival town
trial court
learned counsel
right of action
amuwo odofin
brief of argument
judgment of the lower court
lower court
date of the cause of action
limitation law
trial judge
17th july
amended notice of appeal
appellant of flat no.
cause of the proceedings
contract agreement
copy of the lead judgment
court urging
criminal proceedings
date of the said agreement
defendant company
facts of the case
following actions
general manager nigeria railway corporation
lagos state high court
laws of lagos state
leading judgment
payment of the total sum of n36,608
pro forma form
reason of the provision of the limitation laws
said provision
specific performance of an agreement
such party
such statute
suit no. id
superior courts
time limit
virtue of provisions of section
writ of summons

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice M. O. Onalaja (as he then was) then of Lagos State High Court delivered on 17th July, 1987 in suit No. ID/729/84. By writ of summons the plaintiff who is the appellant herein sued the defendant who is the respondent in this appeal claiming as below:

(a) An order for specific performance of an agreement dated 25th July, 1977 made between the plaintiff as lessee of the 1st part and the defendant as Lessor of the 2nd part whereby the plaintiff was allocated at No. 11. Block 3, 4th Avenue, 402 Road C Close, Community 1A Festival Town.

(b) An order for payment of the total sum of N36,608:00 representing rents payable by the plaintiff to the defendant from August,1974 up to and including May, 1984 at 844; monthly.

Alternatively, the total sum of N10,000 to the defendant as general and special damages for breach of the agreement.

The facts of the case are briefly summarised as follo…

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