KHAWAM
V.
AKINKUGBE

(2001) JELR 50925 (CA)    

Court of Appeal  ·  CA/I/163/92 ·  10 May 2001 ·  Nigeria
 · 
Other Citations
Khawam v. Akinkugbe (2001) 13 NWLR (Pt. 729) 70
CORAM
SUNDAY AKINOLA AKINTAN, JCA (Presided) MORONKEJI OMOTAYO ONALAJA, JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA
Core Terms Beta
defendant
page
respondent
appellants
evidence
plaintiffs
mesne profit
customary court
learned trial judge
1st pw
lebanon street
amended statement of claim
cross-examination
record of appeal
such evidence
weight of evidence
appellants’ brief
appellate court
brief of argument
general rule
high court
learned counsel
leave of this court appellants
above mesne profits
acceptable principle of law
behalf of abube ikenga nando
case paragraph
claim of the plaintiffs
concluding paragraph
conclusion of trial judgment
documentary evidence
enforcement of the customary court judgment
evaluation of evidence
evidence of service
evidence of the delivery
exhibit b. notice
father john khalili
favour of plaintiffs
finding of facts
following order
lead judgment
personal appeals
pigeon hole of special damages
plaintiffs’ claims
record of appeal of the 1st pw
rental value
rules of court
said judgment of the customary court
trial

ONALAJA, JCA (Delivering the Lead Judgment): The plaintiffs were granted through Probate Registrar of High Court of Oyo State letters of administration to administer the estate of their deceased father John Khalili A Khawam who in his lifetime had proprietory interest in the landed property known, described and designated as 81, Lebanon Street, Gbagi Commercial Area of Ibadan. John Khalil Khawam let part of the said 81, Lebanon Street aforesaid to the defendant on yearly tenancy, which tenancy agreement was admitted in evidence and marked as exhibit C. The letters of administration to estate of John Khalil khawam who died on 4th December, 1986 was marked exhibit B. An additional probate which included administration of 81, Lebanon Street was admitted after objection and marked exhibit B. Notice to quit the premises by end of May, 1982 was served on the defendant which she denied was marked exhibit D. Several other notices to quit admitted and marked exhibits E, and F, were all admit…

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