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…