OLUNLOYO V.ADENIRAN
V.

(2001) JELR 44283 (SC)    

Supreme Court  ·  SC.89/1999 ·  13 Jul 2001 ·  Nigeria
 · 
Other Citations
Olunloyo v. Adeniran (2001) 14 NWLR (Pt.734)699 (2001) 7 S.C (Pt.III) 80
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant
plaintiff
judgment
court of appeal
special circumstances
unconditional stay of execution
mesne profits
conditional stay of execution
exceptional circumstances
high court
respect of the said premises
affidavit evidence
execution of the judgment
general rule
leading judgment
learned trial judge
present case
substantial reasons
briefs of argument
conditional stay of execution of its judgment
correct principles
court of appeal holden
decision of the court of appeal
exercise of its undoubted judicial discretion
fair trial
following cases
following conditions
following terms
forfeiture of the tenancy of the said premises
great advantage
lagos high court
main issue
main issues
notice of appeal
number of cases
orders of the appeal court
paragraph affidavit
possession of the demised premises
possession of the said premises no.34
rules of court
ruling of the trial court
similar application
successful litigant of the fruits of his success
sum of n500,000
sums of money
tenancy of the defendant
terms of the writ of summons
unconditional stay
unconditional stay of execution of the judgment

KUTIGI, J.S.C. (Delivering the Leading Judgment): In a contested suit between the plaintiff and the defendant herein before the Lagos High Court, the plaintiff on 6th February 1998 had judgment entered for him against the defendant thus:

"Judgment is therefore hereby entered for the plaintiff against the defendant in terms of the writ of summons and the statement of claim; that is to say:

(1) For forfeiture of the tenancy of the said premises and the tenancy of the defendant in respect of the said premises, No.34/36, St. Finbarr's College Road, Akoka, Yaba is hereby forfeited.

(2) For possession of the demised premises, and it is hereby ordered that the defendant shall give up possession of the said premises No.34/36 St. Finbarr's College Road, Akoka, Yaba and deliver up the same to the plaintiff on OR before the 31st day of March, 1998.

(3) For mesne profits, and it is hereby ordered that the defendant shall pay mesne profits or damages for use and occupation in respect of the said p…

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