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TONIMAS NIGERIA LIMITED
V.
CHIGBU

(2006) JELR 33365 (CA)

Court of Appeal 11 Jul 2006 Nigeria
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- The dispute arose from a sublease agreement (Exhibit A), executed on 31 March 1987, for land in Imo State where the appellant built and ran a petrol station; the annual rent was N25.00, payable each January. - A breakdown in relations led

Case Details

Suit Number:CA/PH/64/2004
Judges:VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMED Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Counsel:Chief U.N. Udechukwu (SAN) with J.N. Udechukwu (Mrs) For Appellant Ken. C.O. Njemanze, Esq For Respondent

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the leading judgment): This is an appeal which originated from the Magistrate Court Ehimie Mbano. The decision of the Magistrate court went to the High Court Imo State, which sat at Ehinie Mbano. The Court upheld the decision of the Magistrate Court to grant one of the reliefs sought by the Appellant to wit an order for relief against forfeiture but refused the other prayers of the appellant. By a writ of summons in the magistrate court in Suit No. MEH/8/98 the plaintiff later to be known as the appellant in this suit prayed the court for the following:

"1. Relief against forfeiture for non payment of rent under a deed of a sublease dated 31st day of March 1987 in respect of the piece or parcel of land called ALA OKPORO AMA-ISI OFO situate at Umudim Umuezeala Owerre Ehime within the jurisdiction of the court.

2. An order of court granting leave to the plaintiff to pay all rents due from the date of this suit on account of the said deed…

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