Ratio DecidendiRatio Decidendi



ARAKA
V.
MONIER CONSTRUCTION COMPANY (NIGERIA) LTD.

(1978) JELR 45243 (SC)    

Supreme Court  ·  SC.314/1976 ·  15 Sep 1978 ·  Nigeria
 · 
Other Citations
(1978) All N.L.R 219 Araka v. Monier Construction Co. Nig. (1978) 6-7 S.C. 7
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
doctrine of frustration of contract
said house
house of lords
expatriate employee of the defendants
view of my long pleasant dealings
high court of the rivers state
trial court
port harcourt
1st december
frustration of the contract
effective occupation of the said house
evidence of the terms of the tenancy agreement
grounds of appeal
viscount simon l. c.
trial of the action
account of the nigerian civil war
tenants of the plaintiff
house
lord wright
abandoned properties
such evidence
northern estate co. v
yearly tenancy
leases
doctrine of frustration
1st day of december
exchange of letters
mere fact
leading judgment
case of the plaintiff
matter of fact
following observations
defendants
case
expatriate staff of the respondents
furniture of the defendant
fundamental term of the tenancy agreement
specific purpose
appeal
ground of appeal no.5
short duration
circumstances of the case
considerable support
similar view
submission of the parties
respect of the appellant
reported case
30th november
statement of claim

M. BELLO, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the judgement of Allagoa J. in the High Court of the Rivers State, sitting at Port Harcourt wherein the Appellant as Plaintiff claimed from the Respondents as Defendants the sum of ₦4,400 being rents due to the Appellant for the period, 1st December 1967 to 30th November 1969, in respect of the Appellant's house situated at 5 Wenike Tienabeso Street, formerly 5 Umuahia Street, Port Harcourt.

The case for the Plaintiff in the trial Court was stated in paragraphs 2 to 6 of his statement of claim as follows:

"2. As from the 1st day of December, 1963, the Defendants took on sublease the said house paying thereof to the Plaintiff the sum of 1,100 pounds (₦2,200.00) as rent in advance for a year on every 1st day of December each year.

3. On the 1st day of December, 1966, the Defendants paid the sum of 1,100 pounds (₦2,200.00) to the Plaintiffs as rent in advance for the said house for the period of 1st December 1966, to…

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