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ARAKA
V.
MONIER CONSTRUCTION COMPANY (NIGERIA) LTD.

(1978) JELR 45243 (SC)

Supreme Court 15 Sep 1978 Nigeria
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- This is an appeal from a judgment in the High Court of Rivers State, Nigeria. - The plaintiff claimed rent from the defendants for a house in Port Harcourt. - The defendants admitted to being tenants but denied owing rent for the period i

Case Details

Suit Number:SC.314/1976
Judges: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
Counsel:A. N. Anyamene Esq. For Appellant E. B. Peter-Kio Esq. For Respondent
Other Citations:(1978) All N.L.R 219 Araka v. Monier Construction Co. Nig. (1978) 6-7 S.C. 7

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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