AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The appellant was a tenant of the respondent for many years in a three bedroom flat and premises situate and lying at No.1 Osagie Street, Boji-Boji Agbor-Obi, in suit No. IACC/115/95, the respondent who was the plaintiff therein claimed for:
"(a) possession of the said flat and premises;
(b) the sum of N6,400.00 (Six thousand four hundred naira) representing the arrears of rents from April 1995; and
(c) mesne profits at the rate of N2,500 (Two thousand five hundred naira) per month from the month of August 1995 till possession of the flat and premises is delivered to the plaintiff."
The appellant who was the defendant therein also filed a cross action against the respondent at the said Ika South Area Customary Court, Agbor-Obi in suit No. IACC/121/95, wherein he claimed as follows:
1. A declaration that the notice of rent increase issued by the defendant and dated 23rd February, 1995 is illegal, unreasonable, null and void a…