(1975) JELR 49265 (SC)    

Supreme Court  ·  SC.416/1974 ·  18 Apr 1975 ·  Nigeria
Other Citations
OSSAI v. NWAJIDE & ANOR (1975) 4 S.C. (REPRINT) 144
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
deed of lease
nottidge street
statement of claim
statement of defence
1st day of february
4th march
close of pleadings
learned counsel
lower court
said property
said sum
1st day of june
account of all rents
balance of the annual rent
circumstances of this case
civil case
cost of repairs
following provision
grounds floor of a house
g. s. sowemimo
hearing of the case
high court
judgment of oputa
land instruments registration law
land registry
latter demanded arrears of rent
leading judgment
lease agreement
lease of premises
mandatory provision of section
mr. g. r.i. enogu
plaintiffs claim
plaintiffs of the amount
registered instrument
registered instrument of lease
said ground floor
said lease
terms of the writ
yearly balances of the rent

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Oputa, J., delivered at the High Court, Onitsha, on the 26th of September, 1972 in which he entered judgment for the plaintiffs, now respondents before us, against the appellant who was defendant before him. The claim before the lower court reads:-

"1. Both the Plaintiffs and the Defendant reside at Onitsha.

2. The Plaintiffs claim against the defendant as follows:-

(a) Declaration that the lease of premises situate at and known as 37, Nottidge Street, Onitsha by the Defendant to the Plaintiffs as contained in lease Agreement dated the 1st day of February, 1960 has not been determined.

(b) An Account of all rents and profits realised by the Defendant by unlawfully letting out the property embraced by the said lease from the 1st day of June 1970 and the payment to the Plaintiffs of the amount so realised.

(c) 500 (Five Hundred Pounds) damages for trespass to the said property.

(d) An I…

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