Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADEKOYA
V.
FHA

(2008) JELR 49482 (SC)    

Supreme Court  ·  SC.342/2002 ·  18 Apr 2008 ·  Nigeria
 · 
Other Citations
Adekoya v. F.H.A. (2008) 11 NWLR (Pt.1099) 539 (2008)34 NSCQR Pt II 952 (2008)34 NSCQR Pt II 952
Adekoya v. F.H.A. (2008) 11 NWLR (Pt. 1099) 539
CORAM
NIKI TOBI Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
cause of action
appellant
action
plaintiff
date
respondent
counsel
25th july
festival town
statement of claim
4th avenue
right of action
factual situation
learned trial judge
limitation law of lagos state
specific performance of an agreement
flat no.
period of limitation
festac town
trial court
c close
contractual agreement
date of the said agreement
hon. justice j.a. adefarasin
inter alia
leading judgment
reason of the provisions of section
respondent's letter
statute of limitation
above statement
appellant's letter
appellant's reply
appellant's reply brief
behalf of the appellant chief bisi adegunle
breach contract
briefs of arguments
finding of the learned trial judge
given case
lessee of the 1st part
lower court
meaning of cause of action
meaning of cause of action counsel
operation of the limitation laws of lagos state
precise date
respect of flat
respect of the flat
respondent's plea
said judgment
support of this submission counsel
years of the accrual of the cause

TABAI, JSC (Delivering the Leading Judgment): This suit was begun at the Ikeja Judicial Division of the High Court of Lagos State on the 12th October 1984. The Plaintiff is the Appellant, while the Defendant is the Respondent. I shall in this judgment simply refer to them as the Appellant and Respondent respectively. The claim was for:

1. 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 second part whereby the Plaintiff was allocated Flat No. 11, Block 3. 4th Avenue, 402 Road, C Close, Community 1A Festac Town.

2. An order for payment of the total sum of ₦3,608 representing rents payable by the Plaintiff to the Defendant from August 1974 up to and including May 1984 at ₦44.00 monthly.

Alternatively the total sum of ₦10,000.00 against the Defendant as general and special damages for breach contract.

Pleadings were filed and exchanged. And the matter went on trial with quite…

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