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(2018) JELR 40234 (SC)    

Supreme Court  ·  SC.545/2015 ·  20 Apr 2018 ·  Nigeria
CORAM
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
respondent
court
appeal
evidence
mesne profit
31st december
concurrent findings of fact
statement of defence
trial court
lower court
burden of proof
statutory notice
block b
counsel messrs babalakin
law firm of babalakin
leading judgment
messrs babalakin
period of 1st january
such tenant
sum of n4,500,000.00
admitted paragraphs of the statement of defence
appellants case
balance of the rest post date
exhibit p4a.
facts of the matter
following cases
high court
hon. justice i. o. kasali
honourable court
judgment of the court of appeal lagos division
judgment of the high court of lagos
judgment of the honourable court
learned trial judge
mutual agreement of the parties
notice of owners intention
oath of its witnesses
ogba lagos state
order of court
owner of the property
parent company of the appellant
possession of the demised premises
possession of the property
records of appeal
recovery of the aforementioned premises
said application
statement of claim
state of pleadings
terms of settlement
trial court show

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The respondent as plaintiff filed the suit on 23/3/2005 claiming the following:-

1. An order directing the defendant to deliver up possession of the property situate at Plot 12, Block B, Ogba Industrial Estate, Ogba Lagos State comprising the following:

(a) 2 (two) warehouses measuring approximately 20,800 square feet.

(b) An office block with a (four) bedroom flat above.

2. The sum of N4,500,000.00 (Four million, five hundred thousand naira) being Mesne profit for the period of 1st January, 2003 to 31st December, 2004 at the rate of N2,250,000.00 (Two million, two hundred and fifty thousand naira) per annum.

3. Mesne profit at the rate of N187,500.00(one hundred and eighty seven thousand five hundred naira) per month from 1st January, 2005 until possession is delivered.

4. Interest on the sum of N4,500,000.00 (four million, five hundred thousand naira) at the rate of 21% per annum from 31st December 2004 until the entire su…

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