EUGENE CHUKWUEMEKA UBAEZONU, JCA (Delivering the Leading Judgment): This is an appeal from the judgment of Agoro, J. sitting as an Appellate court at the High Court of Lagos State. The plaintiff/respondent sued the defendant/appellant in the Magistrate's Court for recovery of possession of a flat at the ground floor of the premises situate at No. 5/7, Ajasa Street, Lagos. The plaintiff also claimed arrears of rent and mesne profit. After hearing evidence, the learned trial Chief Magistrate in a reserved judgment gave judgment for the plaintiff for recovery of possession and mesne profit. The defendant had paid the arrears of rent during the hearing. From the judgment of the Chief Magistrate, the defendant appealed to the High Court. The case came up before Agoro, J. of the Lagos High Court. He heard the appeal and in a reserved judgment dismissed the appeal on 1st day of August, 1986. It is from that dismissal that the appeal has come to this Court.
Pursuant to S.221 (1) of the Const…