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AYINKE
V.
LAWAL

(1994) JELR 43382 (SC)

Supreme Court 22 Jul 1994 Nigeria
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- The plaintiff (landlord) sought possession and damages for use and occupation (mesne profits) of a building in Lagos after the expiry of a 6-year lease (reserved rent: N2/year), claiming N1,000 per annum from July 1978, when the tenant he

Case Details

Suit Number:SC.127/1989
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:M.I. Igbokwe For Appellant Absent and unrepresented For Respondent
Other Citations:Ayinke v. Lawal [1994] 7 NWLR (Pt. 356) 263

IGUH, J.S.C (Delivering the Leading Judgment): In the Chief Magistrates court of the Lagos Magisterial District, holden at Yaba, Lagos State, the plaintiff, by a writ of summons filed on the 4th May, 1982 claimed against the defendants as follows:-

(i) Possession of one storey building consisting of 10 shops and 5 office apartments situate at No. 1, Aro Street, otherwise also known as No. 88B Docemo Street, Lagos; and

(ii) N1,000.00(One thousand Naira) per annum for the use and occupation of the said building and premises from the 15th July, 1978 until possession is given up.

The case duly proceeded to trial and evidence was led on behalf of the parties. At the conclusion of hearing, the learned trial Chief Magistrate after a review of the evidence entered judgment for the plaintiff against the defendants jointly and severally in the following terms-

It is hereby adjudged that the plaintiff do recover from the defendants possession of the premises; that is to say, that one storey bui…

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