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AKINRELE & ORS.
V.
YAGBOYAJU

(2011) JELR 48379 (CA)

Court of Appeal 28 Mar 2011 Nigeria
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Case Details

Suit Number:CA/I/25/03
Judges:STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:Alhaja R. O. Ayoola For Appellant Dr. S.P.A. Ajibade For Respondent

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal arose from the decision of the High court of Justice of Oyo state holden at Ibadan dismissing appellants' claims to forfeiture and for recovery of possession of a leasehold lying and situate at No.71 Lebanon street, Ibadan and awarding N130.00 per annum arrears of rent on the demised premises from January, 1985, to the date of judgment with 10% post judgment interest thereon to appellants against respondent.

Paragraph 23 of the amended statement of claim spotlighted the reliefs sought by appellants as plaintiffs against respondent as defendant.

Put in brief, appellant had through the Executors of the will of one late Isaac Babalola ogun demised to one Joseph Nahman, a sublease of the landed property located at No.71 Lebanon street, Ibadan, for a term of fifty nine years and eleven months starting on 11.9.1953. The consideration for the sublease was 65 (pounds) (sixty five pounds). The sublessee assigned the r…

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