(1982) JELR 46407 (SC)    

Supreme Court  ·  SC.79/1981 ·  3 Dec 1982 ·  Nigeria
Other Citations
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
anambra state high court
general proposition of law
court of trial
end of british colonial rule
court of appeal
further states
rules of international law
leave of court
trial court
following matters
said building
rivers state government
joinder of parties
rivers state edicts nos
such persons
leading judgment
validity of state lands
diobu government residential area
public purpose
defendant of the plaintiff
circumstances of this case
given case
raphael tuck
high court
period 24th march
military governor of rivers state
eastern region
judgment of the high court
following rates
question of fact
limited liability company
subject matter of this suit
16th day of october
government of rivers state
result of this case
raise issues
said buildings
legal rights of litigants
rule of constitutional law
termination of the proceedings
judgment of the court of appeal
suit e
words of lord denning mr.
lease of plot a
order iv rule

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): In the Anambra State High Court, the appellant, a limited liability company, commenced this action against the respondent, also a limited liability company, and claimed as follows:-

"The plaintiff's claim against the defendant is for N342,000 being the amount due to the plaintiff from the defendant for the use and occupation by the defendant of the plaintiff's property known as and called PLOT A/42 DIOBU G.R.A., PORT HARCOURT for the period 24th March, 1972 to 23rd March, 1977 inclusive, and for mesne profits until judgment at the following rates:

(a) 24th March, 1972 to 23rd March, 1975 at the rate of N6,000 per annum for luxury flat of 3 triplex buildings containing 9 luxury flats = N162,000 (One Hundred and Sixty-Two Thousand Naira)

(b) 24th March, 1975 to 23rd March, 1977 inclusive at the rate of N10,000 per annum per flat for 9 luxury Total : N342,000 (Three Hundred and Forty-two Thousand Naira)

(c) Mesne profit at the rate…

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