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AIRTEL NETWORKS LTD
V.
GEORGE & ORS

(2014) JELR 36606 (CA)

Court of Appeal 16 May 2014 Nigeria
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- The dispute concerned the property at 2/4 Abebe Village Road, Iganmu, Lagos, originally leased in 1973 to Thomas Wyatt (Nig) Plc for 99 years, with covenants regarding rent and re-entry upon breach. - The claimants, who were substituted a

Case Details

Suit Number:CA/L/572/2010
Judges:JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Counsel:A. Olaleru with A. Akinlegun For Appellant D. I. Kupolati For Respondent

SAMUEL C. OSEJI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Lagos State delivered by Oke Lawal J. on the 10th day of November 2009 wherein the claims by the claimants were granted while the 3rd defendant's counter claim was dismissed.

The claimants (now Respondents) had by an amended writ of Summons and statement of claim dated 21st July, 2005 claimed against the three defendants as per paragraph 17 of the statement of claim as follows:-

1. A declaration that the Claimants are entitled to re-enter the landed property at 2/4 Abebe Village Road, Iganmu Lagos as per clause 4 of the lease agreement dated 8th of November, 1973 in consequence of the breach of the said lease agreement by the 1st Defendant Company.

2. An Order of possession of the landed property together with the appurtenances thereof, situate at and known as 2/4 Abebe Village Road, Iganmu, Lagos against the 1st Defendant Company.

3. General damages in the sum of 1m ag…

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