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MR. KAYODE AGUNLOYE
V.
STEPHEN OMEDE

(2020) JELR 113077 (CA)

Court of Appeal 25 Mar 2020 Nigeria
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- The Court of Appeal upheld the judgment of the High Court affirming the District Court’s order for possession in favour of the landlord, dismissing the appeal for lack of merit. - Key principle: Where a tenancy has expired by effluxion of

Case Details

Suit Number:CA/A/1132/2018
Judges:ABUBAKAR DATTI YAHAYA, JCA STEPHEN JONAH ADAH, JCA MOHAMMED BABA IDRIS, JCA
Counsel:O. F Ekengba for the appellant. Shehu Ilegieuno, with Abiodu Oghare for the respondent.
Location:Abuja

ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the judgement of Justices A. S Adepoju and Y. Halilu of the High Court of the Federal Capital Territory sitting at Abuja delivered on the 30th October, 2018 in suit No: FCT/CVA/309/2017 wherein the judgement of the District Court of the Federal Capital Territory was upheld. 

Here is a brief summary of the facts. 

The respondent let his two bedrooms flat to the appellant for a yearly rent of NSS0, 000 (Five Hundred and Fifty Thousand Naira). The tenancy agreement executed was dated 15th July, 2013 and to expire 14th July, 2014. The appellant paid the first year's rent and did not renew the rent; after persistent demands, the appellant then paid six months' rent in November, 2014 which expired on the 14th January, 2015. The appellant still failed to renew the rent and vacated the premises on the 12th September, 2016 but left with the keys to the apartment. 

At the lower court, plaintiff now respondent c…

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