(1991) JELR 49393 (SC)    

Supreme Court  ·  SC.66/1987 ·  25 Jan 1991 ·  Nigeria
Other Citations
Military Administrator, F.H.A. v. Aro (1991) 1 NWLR (Pt.168)405 (1991) 1 SCNJ 154 (1991) 1 S.C (Pt I) 160
Military Administrator, F.H.A. v. Aro (1991) 1 NWLR (Pt. 168) 405
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBl-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria
Core Terms Beta
third party
court of appeal
oral evidence
trial court
interlocutory injunction
order of mandatory injunction
particulars of misdirection
doctrine of caveat emptor
status quo
trial judge
17th november
caveat emptor
further affidavit
n500.00 costs
substantive suit
validity of appellants claim of arrears
acceptance of arrears of rent
a. o. obaseki
arrears of his mortgage payment
basic question
case of landlord
counter-affidavit of the parties
detailed affidavit
executive officer
following questions
foregoing reasons
fuller reasons
great risk
interlocutory appeal
leading judgment
learned justices of the court
learned justices of the court of appeal
legal department of the appellant
lessee of the said premises
main question
order of court
part payment of the arrears
s. m. a. belgore
sufficient grounds

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant, Federal Housing Authority let in the respondent into one of the houses erected by them at FESTAC Town. Lagos by virtue of Mortgage Lease Agreement entered into by the two. The agreement was entered into in 1977 but the respondent was let into possession of the flat physically in February, 1982. He was in possession for forty-seven months before dispute arose between them. It appeared the respondent was several months in arrears of his mortgage payment. However, after notice was served on the respondent that the appellant would take possession, the respondent rushed and made part payment of the arrears allegedly due. He was left in possession. Sooner, though another arrears built up and he was finally notified that the appellants would take possession. The respondent rushed to Court asking for the following:

(i) that the respondent was still the mortgagor/lessee of the said premises;

(ii) that the appellants cou…

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