UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of Borno State High Court of Justice sitting in its appellate jurisdiction presided over by Justice U.B. Bwala and C.A. Mamza delivered on 30th September, 2004 wherein the Court reviewed the mesne profit awarded to the Appellant by the trial Court. It is against the review that the Appellant appealed to this Court.
I will adopt the statement of fact as captured by the Appellant.
(1) The Appellant rented out his plot of land to the Respondent for two years only at the rent of N50,000.00 per annum. (See Exhibit "A" and lines 5 to 22 page 5 of the record of proceedings.)
(2) At the expiry of the tenancy the Respondent held over the land for three years and denied the Appellant possession.
(3) During the three years the Respondent rented out the premises to a Company Impresit Bakolori Ltd at the rent of N300, 000.00 per annum.
(4) As a result of the wrongful held over of the land by the Res…