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ATTORNEY-GENERAL OF THE FEDERATION & ORS V. C. O. SODE & ORS.

(1990) JELR 35494 (SC)

Supreme Court  •  SC.120/1987  •  2 Mar 1990  •  Nigeria

Coram
MOHAMMED BELLO CJN ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC ADOLPHUS GODWIN KARIB-WHYTE JSC SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC

Appearances
S.N.C. Haris Eze, Deputy Director of Civil Litigation, Federal K. Adeosun For the Appellant; O. Adenowo For the Respondent.

Judgement


BELGORE, J.S.C. (Delivering the Leading Judgment): The plaintiffs in the trial High Court, now respondents, took out a writ of summons as executors of the estate of Chief Samuel Oyekoya Oyelate Sode, (deceased), who was the owner of the property on the plot variously known as 132, Yakubu Gowon Street or Broad Street, Lagos. The property is a two storey building and the claim inter alia was as follows:

(i) "Possession of the ground floor business premises with appurtenances situate at 132 Broad Street, Lagos from 2nd and 3rd defendants.
(ii) ₦6,000.00 arrears of rent for the period between 1st day of August, 1979 and 31st day of July, 1980 from the 1st defendant to the plaintiffs.
(iii) ₦50,000.00 per annum against 2nd and 3rd defendants for use and occupation of the said premises with effect from 1st day of August 1980 until possession is given up."

The writ further explained in the endorsement as follows:

"The 1st defendant was a yearly tenant of the plaintiffs while the 2nd and 3rd…

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