Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1978) JELR 43873 (SC)    

Supreme Court  ·  SC.362/1976 ·  16 Jun 1978 ·  Nigeria
Other Citations
OSAWARU v. EZEIRUKA (1978) 6-7 S.C. (REPRINT) 91

Ratio Decidendi

Core Terms Beta
mesne profits
learned trial judge
possession of the premises
tenancy agreement
standard bank
arrears of rent
long title
recovery of premises law cap
additional grounds of appeal
behalf of the appellant
ground of appeal
laws of western region of nigeria
particular relationship of landlord
rate of rent
said premises
weight of evidence
a. n. aniagolu
arrears of rents
chief r. a. akinyemi
civil cases
considered judgment
counsel dr. d. d. mowoe
county court
evidence act cap
evidence of personal service of the statutory notices
following finding
further occupation
high court
high court of midwestern state of nigeria
leading judgment
leave of this court
low rents of lease-hold property
notice of appeal
order vii rule
particulars of errors of law
personal use
possession of premises
proper order
provisions of section
rent increase restriction law cap
such party
supreme court rules
validity of the continued occupation of the premises
warri judicial division

A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The appellant before us was the defendant in an action instituted by the respondent in the then High Court of Midwestern State of Nigeria in the Warri Judicial Division in Suit W/169/73 in which the claim was

1. For possession of premises comprising 12 rooms and 2 stores situate at 47 Ginuwa Road, Warri, "let" by respondent to the appellant on a rent of ₦76.00 per month.
2. ₦2,964 (two thousand, nine hundred and sixty-four naira) being mesne profits from September, 1970 to November, 1973 at the rate of ₦76.00 per month, and further mesne profits at the rate of ₦76.00 per month, being the rate of rent of the said twelve rooms and two stores from the 1st of December, 1973 until possession is given up.

The grounds on which possession was demanded were set out in the writ as 

"1. Personal use
2. That the tenant (defendant) is guilty of a breach in the Tenancy Agreement
3. Substantial repairs
4. To prevent premises being used as a…
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