BATA NIG. LTD.
V.
GEORGE

(1985) JELR 79215 (CA)

Court of Appeal · 8 Jul 1985 · Nigeria
·

Other Citations

Bata Nig. Ltd. v. George (1985) 3 NWLR (Pt. 11) 128

CORAM

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

respondent

counsel

learned judge

letter

appeal

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

notice

period of august

question

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

trial

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…

BATA NIG. LTD. V. GEORGE

BATA NIG. LTD.
V.
GEORGE