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…