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MR. OLUWABUKUNMI J. AJAYI v. MR. JOHN CHUKWUEMEKA UDOBI

(2018) JELR 38429 (CA)

Court of Appeal  •  CA/C/200/2016  •  30 Apr 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Akwa Ibom in Suit No. HEK/22/2015 delivered on the 18th day of January, 2016 by Theresa I. Obot, J.

The Appellant was the Defendant at the Lower Court while the Respondent was the Plaintiff at the Court.

The facts leading to this appeal are that the Appellant was a former tenant of the Respondent. The Tenancy was determined and the issues of repair of the house and mesne profit were burning between the parties. Then by a writ of summons issued on 30th June, 2015, the Respondent as Plaintiff, claimed against the Appellant, as Defendant, as follows:-

1. The sum of N426,400.00 being the cost of repairing the outstanding damaged items and painting of the residential apartment that the Appellant rented from the Respondent;

2. The sum of N83,333.33 being the MENSE PROFIT for two months calculated at N41,666.67 per month from the 7th of December, 2013 to 10th of February, 2014 w…

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