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MR. ADEDEJI ADEDOYIN v. IGBOBI DEVELOPMENT COMPANY LIMITED

(2014) JELR 36607 (CA)

Court of Appeal  •  CA/L/363/2012  •  6 May 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; CHINWE EUGENIA IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.:(Delivering the Leading Judgment) This is an appeal against the judgment of the High Court of Lagos State delivered by Hon. Justice J.E. Oyefeso on the 1st day of December 2011 wherein the claim was granted in part.

The claimant (Now Respondent) had by a writ of summons and a statement of claim, both dated the 20th January, 2009 claimed against the defendant (now Appellant) as follows:

(a) An order for recovery of possession of the landed property situated lying and being at plot 9, D'Alberto Road, Palmgrove Estate, Ilupeju, Lagos for breach of the covenant to pay rent.

(b) Arrears of ground rent in respect of Plot 9 D'Alberto Road, Palmgrove Estate, Ilupeju, Lagos as follows:-

1st January 2005 - 31st December 2005 = N30,000

1st January 2006 - 31st December 2006 = N30,000

1st January 2007 - 31st December 2007 = N30,000

1st January 2008 - 31st December 2008 = N30,000

1st January 2009 - 31st December 2009 = N30,000

(c) Mesne Profits or pro rata ground r…

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