(2000) JELR 43995 (CA)    

Court of Appeal  ·  CA/L/27/95 ·  31 Jan 2000 ·  Nigeria
Other Citations
Mandilas Ltd. v. Ayanru (2000) 1 NWLR (Pt.653)438
Mandilas Ltd. v. Ayanru (2000) 4 NWLR (Pt. 653) 438
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
trial court
learned trial judge
illiterate protection law
trial judge
deed of lease
english language
admissible evidence
evidence of pw2
first issue
alleged execution
suo motu
trite law
appellant company
circumstances of the case
defendant company
evidence act
lead judgment
lease agreement
present case
provisions of the land instrument registration law
question sign
submission of the learned counsel
weight of evidence
case of the defendant
clear example of a case
facts of the case
facts of the present case
following finding
judgment of lagos state high court
leading judgment
person claims illiteracy
plaintiff literate
pleaded facts
pleadings evidence
respect of the land
said deed of lease
second issue
starting point
such belief
tenancy of the appellant company

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Lagos State High Court, Coram I. O. Agora J. delivered on 22nd of September, 1989. The respondent who was the plaintiff at the lower court filed a writ of summons dated 17th November, 1980. Therein, he sought a declaration that he was not bound by the deed of lease dated 24th August, 1970 made by him and the appellant company as defendant in the court below and affecting property situate at 3 Murtala Mohammed Road, Benin-City in the defunct Bendel State now Edo State which was registered as No.7 at page 7 in volume 95 of the Lands Registry Benin-City. In the alternative the plaintiff claimed a declaration that the said deed of lease is a nullity.

The facts of the case as presented before the lower court in the pleadings and evidence led by the parties are summarised below. In 1970 the plaintiff (respondent) agreed to extend the tenancy of the appellant company for additional six years. The plai…

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