UWANI MUSA ABBA AJI J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Ekiti State presided over by Hon. Justice M.O. Bodunde delivered on the 25th January, 2007 granting the reliefs sought by the Respondent save for the relief for special damages which he found not proved and also an order repossession of the demised properties with immediate effect.
The Respondent as the Plaintiff at the Lower court filed this suit against the Defendant now Appellant in the present appeal. By paragraph 25 of the 4th Amended Statement of Claim filed on the 20th July, 2006, Respondent claims the following reliefs against the Appellant as follows:-
(a) Declaration that having been abandoned by the Defendant' the plaintiff is entitled to possession of the demised premises known and referred to as 127 Ajilosun street Ado-Ekiti in so far as the Defendant has thereby breached the covenant to use and maintain the demised premised (sic) in good tena…