(2010) JELR 40140 (CA)    

Court of Appeal  ·  CA/A/88/07 ·  21 Jan 2010 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
mesne profit
learned trial judge
akin adewale
rental value of the house
claim of n750,000.00
court of appeal act
rental value of the premises
view of the circumstances of this case
annual rent
leave of this court
own pleadings
view of the alteration
above averments
above paragraph
amended notice of appeal
appellate court
brief fact of the case
cross appellant
defendant fails
due respect
evidence of witnesses
following issues
good rent
had gaps
judgment of the high court of the federal capital temtory
landlord of a premise
lower court
main claim of the respondent
notice shows
respondent kamin bello asunogie
said premises
state of the parties
testimony of cw
view of the premises
view of the unconverted evidence of the negligence
yearly tenant

ABDU ABOKI, J.C.A (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of the Federal Capital Temtory delivered on the 18th day of March, 2005 by Hon. Justice S. D. Bage.

The brief fact of the case is that the Appellant, the landlord of a premise situated at Area 8 Garki, Abuja let out the said premises to the Respondent as a yearly Tenant. The premises being at a final stage of completion it was agreed between the parties that rent would be utilized by the Respondent to compete the building. The parties entered into a Tenancy agreement concerning the premises whilst the Respondent commenced the final completion of the building. The Appellant however alleges that the Respondent breached the terms of the agreement and later gave the Respondent six months notice to vacate the premises. After the expiration of the six months notice, a notice of owner's intention to recover possession was given to the Respondent. Thereafter, the Respondent/Cross-Appell…

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