Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



PILLARS NIGERIA LIMITED
V.
WILLIAM KOJO DESBORDES & ANOR.

(2021) JELR 108834 (SC)    
Supreme Court  ·  SC.105/2010 ·  15 Jul 2021 ·  Nigeria
CORAM
OLABODE RHODES-VIVOUR, JSC (Presided) MUSA DATTIJO MUHAMMAD, JSC HELEN MORONKEJI OGUNWUMIJU, JSC ABDU ABOKI, JSC EMMANUEL AKOMAYE AGIM, JSC (Read the Leading Judgment)

Ratio Decidendi

Core Terms Beta
appeal
defendant
notice of breach of covenant
exhibit e
respondent
court of appeal
decision of the court of appeal
decision of the trial court
lower court
trial court
exhibit g
notice of quit
name of the legal practitioner
service of notice of intention
appellants’ statement
brief of argument
judgment of the court of appeal
learned justices of the court of appeal
notice of appeal
purported notice
pw1’s evidence
support of service of notice
trial judge
appeal no. ca
appellant’s brief
appellant’s notice
burden of proof of the said notice
cheque of n12,000.00
concurrent findings
counsel’s application
different issue
following issues
forfeiture of lease
grounds of appeal
honourable court
issue numbers
issue of rent
judgment of the high court of lagos
leading judgment
long line of cases
merger of issues a
new issue
respective briefs
rules of pleadings
service of exhibit h
service of statutory notice of breach
service of statutory notices
subject matter of the question
sufficient proof of exhibit e
useful purpose

AGIM, J.S.C. (Delivering the Leading Judgment): This appeal was commenced on 24/6/2009 when the appellant herein filled a notice of appeal against the judgment of the Court of Appeal at Lagos delivered on 8/5/2009 in appeal No. CA/L/859/2006 affirming the judgment of the High Court of Lagos delivered on 8/12/2000 in LD/148/93 and dismissing the appeal against it. The notice of appeal contains 5 grounds of appeal.

Both sides have filed, exchanged and adopted their respective briefs as follows - appellant’s brief and respondent’s brief.

The appellant’s brief raised the following issues for determination:

1. Whether the Court of Appeal was right in affirming the decision of the trial court that respondents pleaded and proved service of statutory “Notice of Breach of Covenant” (Exhibit E) and “Notice of Quit” (exhibit G) as required by the law.

2. Whether it was proper for the lower court to deviate from the original dispute before it and decided the appeal on an entirely different issue rais…

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