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S.P.D.C. (NIG.) LTD
V.
AMADI

(2010) JELR 56397 (CA)

Court of Appeal 15 Apr 2010 Nigeria
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- The appellant (Shell Petroleum) held a 99-year lease over 153.5 acres of land in Rivers State from two family groups (respondents) under a 1958 deed, with annual rent payable and restrictions on subletting or assigning without landlords'

Case Details

Suit Number:CA/PH/51/2008
Judges:SULEIMAN GALADIMA JCA (Presided) ISTIFANUS THOMAS JCA EJEMBI EKO JCA (Read the Lead Judgment)
Counsel:Chief T. J. O. Okpoko, SAN (with him, Chief O. Akani, SAN, O. J. Irerhime, Esq., H. I. Dike, Esq., A. E. Aperua-Yusuf Esq. and Dike -*- Udenna, Esq.) - for the Appellant. C -*- L. E. Nwosu, Esq., SAN (with him, E. E. Asido, Esq., G. W. Iwezor, Esq., S. Azubuike, Esq., and D. E. Ekenna, Esq.) - for 1st and 2nd sets of Respondents. -*- Alhaji F. A. Oso, SAN (with him, E. O. Nwobiri, Esq., and S. A. Lawal, Esq.) - for 3rd set of Respondents. D -*- O. S. Elisanmi, Esq., State Counsel, Ministry of Justice, Rivers State -*- - for 4th set of Respondents.

EKO JCA (Delivering the Lead Judgment): The parcel of land containing an approximate area of 153.5 acres lying and situate at Mgbuesilaru (Ngbusilaru) abutting in Rumuokwurusi described in a tenancy deed dated 3 March 1958, delineated particularly in a plan No BAN/112/57 was leased to the 2nd defendant, now the appellant, by the Rumuecheta-Mgbuesilaru and Umukurukuru-Mgbuesilaru families of Okporo-Rumukoroshe village of Rivers State. The appellant, as the tenant, was to hold the demised parcel of land for a term of 99 years from 9 February 1957 and to be: paying to the lessors upon the execution of these presents the sum of £2,686.5 - (two thousand, six hundred and eighty-six pounds, five shillings) representing ten (10) years rent in advance, the receipt of which the lessors hereby acknowledge, and thereafter without demand on 9 February in each subsequent year as from February 1967 the said annual rent of £268,12.6d (two hundred and sixty-eight pounds, twelve shillings and six pen…

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