CHIDI NWAOMA UWA, J.C.A (Delivered the Leading Judgment): The Respondent as Plaintiff at Ibadan High Court claimed the following reliefs as endorsed in his writ of summons:
"(a) Possession of the 4 shops situate at 33 Abeokuta Road Ijebu Ode which the defendant (holds) as a yearly tenant of the plaintiff;
(b) The sum of N30,000:00 being arrears of rent for September, 2001 to June, 2002;
(C) Mesne profit at the rate of N3;000:00 per month from July, 2002 until possession is delivered;
(d) The sum of N60,000:00 being damages for breach of the tenancy agreement and
(e) Cost of this action."
The defendant entered a conditional appearance, filed a statement of defence and counter-claimed. The counterclaim was later withdrawn and struck out on 21/2/05.
From the records, hearing in the trial court commenced on the 5th day of February, 2004 and ended on 21/2/05 with the close of the plaintiff's case.
The defence did not call evidence but rested its case on that of the plaintiff's.
The learne…