(2018) JELR 38917 (CA)    

Court of Appeal  ·  CA/L/244/2016 ·  25 Apr 2018 ·  Nigeria
TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
unconscionable bargain
arms length transaction
statement of defence
volume iv of the records
exhibit c14
issue number
arms length
independent advice
5th defendants
lands registry lagos
square meter
dr. muyibi a. molake
equitable defences
high court of lagos state
late dr. muyibi aremu molake
learned counsel
2nd defendants
appellant contending
appellants brief
attributes of absence of arms length transaction
breach of the said sublease
briefs of argument
case of obajimi v
chafed judgment of the lower court
dr. muyibi aremu molake
evidential burden
finding of the lower court
input of his lawyer mr. t.a. odufolakun
issue of arms length transaction
judgment of the high court of lagos state
late dr. muyibi a. molake
leading judgment
merriam-webster dictionary of law
order of specific performance of the sublease
order of the honourable court
paragraphs of the witness statement
presumption of the unconscionable bargain
respective submissions
sum of n22,500,000.00
sum of n247
unconscionable agreement
unconscious-able bargain
weight of the totality of evidence

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, Coram Judice: Femi-Adeniyi, J. in SUIT NO.LD/449/2010: BRANDSCAPITAL LIMITED v. BABATUNDE AJIBOLA DISU and ORS. delivered on 14th December, 2015.

The disceptation in the matter relates to a sublease which the Appellant entered into with the late Dr. Muyibi A. Molake in respect of property situate at No.7 Sanusi Olusi Street, Lagos Island, Lagos. The Respondents are the Executors/Trustees, Personal Representatives and Beneficiaries of the Estate of the deceased, Dr. Muyibi A. Molake. The Appellant contending that the Respondents were in breach of the said sublease commenced proceedings at the Lower Court claiming the following reliefs:

(I) A declaration that the Claimant as a sub-lessee to the 1st to 5th Defendants is entitled to the use, occupation and possession of No. 7 Sanusi Olusi Street Lagos Island, Lagos throughout the term of 20 years granted …

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