Ratio Decidendi



AGBAJE & ORS.
V.
BANKOLE & ORS.

(1971) JELR 45977 (SC)    

Supreme Court  ·  SC.112/1969 ·  29 Oct 1971 ·  Nigeria
CORAM
IAN LEWIS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
parties
rent
lease
rent control legislation
high court
court
appeal
mr. impey
rent control
30th day of august
broad street
deed of lease
finding of the learned trial judge
first issue
issues of law
said jacob olumide williams
annum of the said premises
appropriate legislation
land registry lagos
parcel of land
register of deeds
rent restriction act
said landed property
years of the house
3rd june
6th february
date of his death
exercise of their right of option
expiration of the term
fixed intention
fixed sum
heirs executors administrators
jacob olumide williams
late j. o. williams
laws of the federation of nigeria
leading judgment
life time
paragraph 5b of the deed of lease
possession of the premises
purpose of the second issue alexander j.
second issue
separate body
statutory requirement
such desire
such unlawful act
use of the said chief salami agbaje
view none of the cases

LEWIS, J.S.C. (Delivering the Leading Judgment): In suit LD/493/63 the plaintiffs' writ read:-

"The plaintiffs' claim against the defendants jointly and severally is for an order compelling the defendants to a lease for a period of 15 years of the house and landed property situate lying and being at 95, Broad Street, Lagos as provided in paragraph 5B of the deed of lease dated 30th day of August 1949 and entered into between the plaintiffs' predecessors in title and the defendants' predecessors in title.

10(b) a further order fixing the rent per annum of the said premises to be paid by the plaintiffs to the defendants.

Inspite of repeated demands the defendants have failed to grant the lease."

Paragraphs 5-9 and 12 of the statement of claim read -

"5. The plaintiffs further aver that one Jacob Olumide Williams was the owner of a larger piece or parcel of land situate and being at 95, Broad Street, Lagos.

6. That by a deed of lease dated 3rd of September 1921 and registered as No. 23…

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