G. S. SOWEMIMO, AG. J.S.C. (Delivering the Leading Judgment): The appellant, who was the plaintiff in Suit LD/371/69 instituted an action in the High Court of Lagos State, claiming possession of a dwelling house at 3, Payne Crescent, Apapa, from the defendants. She also claimed mesne profits and water rate from the two defendants and from the 1st defendant the sum of 1,000pounds as damages for breach of covenant.
Pleadings were ordered and duly filed. The relevant averments in the Statement of Claim are as follows -
"2. In November, 1966. The first defendant took a lease of the premises from the plaintiff for a term of two years at an annual rent of 500pounds per annum payable in advance.
3. The said lease contained covenants by the first defendant, among other things, to pay his rent; to pay water rates in respect of the premies and not to assign or underlet or part with the possession of the premises without the prior written consent of the plaintiff.
4. The first defendant also co…