Ratio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45573 (CA)    

Court of Appeal  ·  CA/L/43/92 ·  7 May 1998 ·  Nigeria
Other Citations
Costain (W.A.) Ltd. v. Kotun & Anor. (1998) 10 NWLR (Pt.568)
Costain (W.A.) Ltd. v. Kotun (1998) 10 NWLR (Pt. 568) 84
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
common law procedure act
arrears of rent
leading judgment
exceptional circumstances
conduct of the appellants
decision of the court
exceptional cases
fair hearing
grounds of non-payment of rent
law cap
laws of lagos state
learned trial judge
lessee relief
trial judge
birds eye view of the general
case of the parties
comprehensive view of the matter
contents of the judgment of the learned trial judge
due determination of the case
due rent
effect of section
equitable jurisdiction
final judgment
forfeiture of the leasehold
grounds of appeal
inter alia
learned trial court
lease of the property
lower court
nature of claims
opening passage of the judgment of lord greener
parts of the respondents suit
respondent's issues
said ejectment
satisfaction of the rent arrears
submissions of the appellant
such case
such ejectment
such landlord
totality of the argument
whole appeal

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The respondents as plaintiffs had claimed forfeiture of the leasehold of which the appellant is in possession and yet was not paying the due rent. The appellant as a defendant in the court below relying on section 20 of the (Miscellaneous Provisions) Law Cap 65 Laws of Lagos State and section 212 of the Common Law Procedure Act, 1852 moved the court below to strike out and thereby discontinue and to abate those parts of the respondents suit that relate to forfeiture on grounds of non-payment of rent which the appellant had paid. The learned trial court dismissed the application citing the conduct of the appellants which makes it difficult to accede to their request. Dissatisfied with the decision of the court below, the (defendant) appealed to this court and filed 7 grounds of appeal from which he framed 3 issues for determination. The issues are as follows:-

3.2.1. Whether the trial Judge failed to consider and determine the su…

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