(1970) JELR 45923 (SC)    

Supreme Court  ·  SC.248/1969 (-2) ·  13 Nov 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 324
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judge
exhibit d
learned trial judge
mesne profits
warehouse road
fixed period
following terms
further period
lagos high court
lower court
nigerian joint agency limited
possession of the warehouse
suit no. ld
1st day of june
1st june
31st may
annual rent
clear days
common knowledge
contractual tenancy
court of appeal
exhibit b
exhibit c
first point
following orders
form of a statutory notice
hearing of the appeal
instant case
judges of the high court
lagos state
leading judgment
letter of the above date
mr spiering
office premises
proper construction of exhibits
reserved judgement
respect of the premises
said nigerian joint agency limited
salient facts
st day of june
tenants of the plaintiffs
terms of the tenancy
validity of exhibit d

MADARIKAN, J.S.C. (Delivering the Leading Judgment): The present appellants were the plaintiffs in the Lagos High Court where they had instituted an action (Suit No. LD.663/68) against the defendants, now respondents, claiming possession of the warehouse and office premises situate at No. 52 Warehouse Road, Apapa (hereinafter referred to as the premises), and mesne profits at the rate of (pound)83-6s-8d per month from the 1st of June, 1967, until possession is given up.

The salient facts relied upon by the parties and accepted by the learned trial judge were not in dispute at the trial.

They may be summarised thus:-

(1) The defendants became the tenants of the plaintiffs in respect of the premises for a term of 3 years commencing from the 1st of June, 1964 "with a mutual option to renew for a further period" at an annual rent of (pounds)1,000 payable in advance.

(2) The terms of the tenancy were set out in letters exchanged between the parties. The letters were admitted in evidence at…

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