GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos High Court delivered on 22nd day of April, 1994. The respondent was the Plaintiff in Suit No. LD/2951/92 before the Lagos High Court, where it claimed against the Appellant as the Defendant the following:
"1. Possession of the one Duplex situate at No. 10B Lalupon Close, S. W. Ikoyi, Lagos State.
2. N125,000 (One Hundred and Twenty-Five Thousand Naira) being arrears of rent from the 10th day of December, 1990, to the 9th day of December, 1991.
3. N83,332.88 (Eighty-Three Thousand, Three Hundred and Thirty-Two Naira, Eighty-Eight Kobo) for use and occupation of the premises for eight months from the 10th day of December, 1991 to the 9th day of August, 1992.
4. Mense profits at the rate of N10,416.61 (Ten Thousand, Four Hundred and Sixteen Naira, Sixty Kobo) per month being at the pro-rata monthly rate of the otherwise annual rent of the said premises from the 10th day of August, 199…