(2003) JELR 44885 (CA)    

Court of Appeal  ·  CA/B/91/2001 ·  11 Apr 2003 ·  Nigeria
Other Citations
Agbamu v.Ofili [2004] 5 NWLR (Pt.867)540
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
mesne profit
lower court
grounds of appeal
trial court
learned trial judge
mesne profits
customary court
agbor high court
weight of evidence
award of rent
evidence of the plaintiff
no.1 osagie street
grounds of facts
leading judgment
said grounds of appeal
substance of the complaint
additional grounds of appeal
arrears of rents
boji-boji agbor-obi
competency of grounds
cross action
decision of the trial
delta state
end of the trial
error of law
following cases
following grounds
following grounds of appeal
grounds of objection
hearing of this appeal raise
ika south area customary court
issue of pure fact
last issue
learned trial judge en-ed
light of their particulars
nature of the alleged error of law
notice of rent increase
order of this honourable court fixing
particulars of the alleged error of law
rules of this court
said ika south area customary court
such contradiction
sum of n6,400.00
tenant holds
tenant of the respondent
trial customary court

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…

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