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SOCIETE COMMERCIALE DEL'OUEST AFRICAN NIGERIA PLC
V.
OZOH & ORS

(2013) JELR 34037 (CA)

Court of Appeal 12 Jul 2013 Nigeria
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Case Details

Suit Number:CA/E/352/2006
Judges:MOJEED ADEKUNLE OWOADE JCA ISAIAH OLUFEMI AKEJU JCA EMMANUEL AKOMAYE AGIM JCA
Counsel:O. B. Erinne Esq. For the Appellant; Mike Uchenna Ikem Esq. and Miss Elizabeth Ikem For the Respondent.


EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the leading Judgment): On the 22nd August 2005, the Anambra State High court Onitsha Judicial division, sitting at Otuocha per P.A.C. Obidigwe, J delivered judgment in suit No. 0/769/98 against the defendant (now appellant) in favour of the plaintiffs (now respondents) in the following terms -

1. Declaration that by subletting/subleasing parts of the demised premises known as No. 3 New Market Road Onitsha, without the consent of the plaintiffs and the Governor, the defendant was in breach of the terms of the lease agreement.

2. Declaration that the defendant was in breach of the said lease agreement for not keeping the premises/property in good and substantial repairs during the continuance of the lease.

3. There is no evidence that any further rents were paid after the 1988 rent was returned to the defendant through Exhibits H and I. There is also evidence that the defendants collected rents from the sub-tenants whom the defendant put in the …

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