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…