I.A.O.ADEBAJO V. TENNESSEE NIGERIA INC.

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Kassim, J., in Suit No. LD/529/66 delivered in the High Court of Lagos State on August 21, 1967, in which he non suited the plaintiff in respect of his claim against the defendant for the use and possession of the premises in question, but granted the plaintiff's other two claims in respect of the Lagos City Council Rates and the defendant's share of the cost of consumption of electricity on the premises. The plaintiff's claim against the defendant was for the sum of 2,650: 13:9d made up as follows:

"(1) Use and possession of office space covering approximately.

1,800 square feet on the third floor of 144, Broad Street, Lagos, for the period 16th February to 15th August, 1966, at 3,060 Pounds per annum ...............................1,530 Pounds

(2) Lagos City Council Rates for the period February, 1965 to August 1966, i.e. 11/2 years at 1/5 of 2,980pounds per annum in respect of the said off…