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(1973) JELR 48797 (SC)

Supreme Court 16 Feb 1973 Nigeria
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- The plaintiff filed a claim against the defendants for two years' rent for a piece of land in Ibadan. - The plaintiff leased the land to the defendants in 1960 for the erection of a petrol station. - The defendants paid rent in advance an

Case Details

Suit Number:SC.135/1972
Judges:TASLIM OLAWALE ELIAS JSC ATANDA FATAYI-WILLIAMS JSC GEORGE SODEINDE SOWEMIMO JSC
Counsel:Mr. Y. A. Agbaje, (with him, Messrs. E. Abiodun and S. O. Makanjuola ), for the Appellant; Mr. R. O. A. Akinjide, (with him Messrs. R. A. B. Abbas and H.Akinjide ), for the Respondents.
Other Citations:(1973) All N.L.R 89 (1973) 2 S.C. 17


A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In suit No. MI/175/67 filed in the Ibadan Magistrates' court, the plaintiff claimed against the defendants "the sum of one hundred and fifty pounds (150pounds) being two years' rent for the periods 1966 and 1967 inclusive in respect of a piece of land situate lying and being at Igbo Igbale, Isale-Bode, Ibadan, which the defendants hold from the plaintiff under a deed of lease dated 17th day of May, 1960 made at Ibadan between the plaintiff and the defendants and registered as No, 17 at page 17 in volume 373 of the Lands Registry at Ibadan."

The testimony of the plaintiff in support of the claim may be summarised as follows. The plaintiff agreed to lease a piece of land at Ibadan for a term of 10 years to the defendants in 1960 for the erection of a petrol station. Pursuant to the said agreement the parties, on 17th May, 1960, executed the deed of lease (Ex.A). The agreed rent for the land was 75pounds per annum and the defen…

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