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MR. OLUWASEGUN ADEMETAN, MRS. ADEJUMOKE EHIZOJIE (NEE ADEMETAN) & MISS ADEMOYEKE ADEMETAN V. INCORPORATED TRUSTEES OF THE REDEEMED CHRISTIAN CHURCH OF GOD & INCORPORATED TRUSTEES OF CHRIST THE REDEEMER’S MINISTRIES

(2015) JELR 54363 (CA)

Court of Appeal  •  CA/L/896/2014  •  26 Mar 2015  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA CHINWE EUGENIA IYIZOBA JCA SAMUEL CHUKWUDUMEBI OSEJI JCA

Appearances
Ademola Olowoyeye Esq. [with him, O. Y. Olowoyeye (Miss) and A. Ademetan (Miss)] for the Appellants/Cross-Respondents; Dr. A. O. Sanni (with him, Emeka Ihebie Esq.) for the Respondents/Cross-Appellants.

Judgement
<p><strong> IYIZOBA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Obadina J. of the High Court of Lagos State in the Lagos Judicial Division in suit No. LD/978/2012, delivered on 24 June 2014. The appellants/cross-respondents as claimants by a writ of summons dated 26 June 2012 and filed on 27 June 2012, instituted this action against the respondents/cross-appellants as defendants claiming as follows:</p><p>a. N43,500,000.00 (forty-three million, five hundred thousand naira), being losses accruing by way of loss of use and occupation of the 3-storey building consisting of </p><p>(i) Eight number of 3 bedroom flats</p><p>(ii) A warehouse; and</p><p> (iii) A workshop at 7, Audu Bale Street, Iwaya, Lagos, from 1 January 1998 to 31 December 2012.</p><p>b. Possession of 3-storey building consisting of eight number of 3 bedroom flats at 7, Audu Bale Street, Iwaya, Yaba, Lagos State.</p><p>c. N5,000,000.00 (five million naira) per annum for loss of use and occupation thereafter till the possession thereof is de…</p>

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