Ratio Decidendi



PAPERSACK NIGERIA LTD.
V.
ODUTOLA & ANOR

(2003) JELR 44927 (CA)    

Court of Appeal  ·  CA/L/144/2001 ·  1 Jul 2003 ·  Nigeria
 · 
Other Citations
Papersack (Nig.) Ltd. v. Odutola [2004] 13 NWLR (pt.891)509
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
1st respondent
respondents
learned counsel
trial court
lower court
mesne profit
2nd respondent
arrears of rent
evidence
valid notice
yearly tenant
2nd plaintiff
record of appeal
trial judge
agreed rent
appellant notice
circumstances of this case
consent of the 1st respondent
facts of the case
statement of claim
valid assignment of the property
31st may of the following year
admission of the 1st respondent
anniversary year
annual rent
brief of argument
consent of both parties
cross examination
decision of the lower court
end of the trial
exhibit e5
favour of the respondents
fifth issue
first issue
following awards
following issues
fourth issue
james ogenyi ogebe
lagos high court ikeja
leading judgment
main complaint of the learned counsel
musa dattijo muhammad
preview of the lead judgment
second issue
subject matter of the tenancy
way of summary

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): By writ of summons filed on the 22nd July, 1993 in Lagos High Court Ikeja, the respondents commenced the suit against the appellant for arrears of rent, possession and mesne profit in respect of premises known as 44 Eric Moore Road, Iganmu Estate, Lagos.

Pleadings were exchanged and amended and the case proceeded to trial. At the end of the trial, the trial Judge entered judgment in favour of the respondents.

The appellant was dissatisfied with the decision of the lower court and appealed to this court. The learned counsel for the appellant filed a brief of argument on its behalf and formulated the following issues for determination:

"(a) Whether the lower court was right when it held that the defendant was a tenant-at-will.

(b) Whether the lower court was right when it held that the defendant's tenancy was duly terminated by a valid notice to quit.

(c) Whether the lower court was right when it held that there was a valid a…

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