(1985) JELR 79215 (CA)    
Court of Appeal  ·  8 Jul 1985 ·  Nigeria
Other Citations
Bata Nig. Ltd. v. George (1985) 3 NWLR (Pt. 11) 128
ADENEKAN ADEMOLA, J.C. A. (Presided and read the lead Judgment), UTHMAN MOHAMMED, J.C.A., IDRIS LEGBO KUTIGI, J.C.A.
Core Terms Beta
learned judge
learned trial judge
aspect of the appeal
recovery of premises act
exhibit h
payment of the rent
provisions of the registered land law
applicable law
period of august
registered land law cap
reply brief
wrong inference
acceptance of such rent
address stage
brief of argument
circumstances of this case
effluxion of time
evidence law
evidence of the writer of this script
exhibit e
exhibit n
first question
grounds of appeal
important point
issue of applicability of the registered land law
issue of forfeiture of the lease
laws of lagos state
lead judgment
learned counsel
mistake of the learned judge
part of the parties
present appellant
rate of n466.66
reasoning of the learned judge
recovery of possession of the first floor
renewal of the lease
respondent mesne profit
right hand corner of this letter
second question
third question
view turns

ADEMOLA, J.C.A. (Delivering the Lead Judgment): In the court below, the present appellant sued the respondent for the recovery of possession of the first floor of a property demised by a deed of sublease dated the 11th July, 1974, for a term of years. Also it was claimed in the writ against the respondent mesne profit at the rate of N466.66 per month or alternatively at the rate of N100.00 per month from 22nd December, 1976, until possession is given up.

At the trial in the court below, the learned trial judge dismissed the appellant's claim by refusing to older possession and dismissed the claim with costs against the appellant. It is against that decision that an appeal had been lodged here.

Appellant filed a brief of argument on the grounds of appeal filed and the respondent filed a reply brief setting out the argument against the appellant's brief. The question arising for determination in this appeal are:-

(i)whether the learned trial judge was right in holding that the action befor…

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