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ABDULLAHI & BROTHERS MUSAWA LIMITED v. AREWA TEXTILE LIMITED

(2004) JELR 44967 (CA)

Court of Appeal  •  CA/K/129/02  •  15 Jul 2004  •  Nigeria

Coram
JOSEPH JEREMIAH UMOREN JCA ABUBAKAR ABDULKADIR JEGA JCA STANLEY SHENKO ALAGOA JCA

Judgement


JOSEPH JEREMIAH UMOREN, J.C.A. (Delivering the Leading Judgment): The facts that led to this appeal are as follows: The respondent granted a lease of a plot of land lying and situate at Kaduna South to the appellant for a term of 40 years. The deed of lease required payment of the rent for the period of 40 years to be made in advance. Pursuant to the provisions of the deed, the appellant made the payment for the 40 years to the respondent commencing from 1970. Under the lease, the ground rent for the plot was to be payable to the Government of Kaduna State and was to be the responsibility of the appellant. The appellant complied with this requirement from 1970 to 1979. It defaulted from 1980 to 1994 a period of 14 years.

By a letter dated 25/10/94, the respondent's solicitor gave the appellant "notice to quit" requiring the appellant to quit the premises and deliver up possession of the property to the respondent not later than three months from the date of the letter. In the letter, …

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