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OLUNLOYO v.ADENIRAN

(2001) JELR 44283 (SC)

Supreme Court 13 Jul 2001 Nigeria
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- Plaintiff, as landlord, obtained a High Court judgment on February 6, 1998, against the defendant/tenant for (a) forfeiture of tenancy; (b) possession of premises at 34/36 St. Finbarr’s College Road, Akoka, Yaba; (c) payment of mesne prof

Case Details

Suit Number:SC.89/1999
Judges: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
Counsel:Akinwunmi Adeniran -for the Appellant For Appellant P. O. Munis - for the Respondent For Respondent

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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