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R. A. AKINGBADE v. L.T. GEN. T. Y. DANJUMA & ANOR.

(2009) JELR 33080 (CA)

Court of Appeal  •  CA/J/41/2007  •  24 Nov 2009  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; IBRAHIM MUSA M. SAULAWA JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The facts briefly, are that the appellant and the respondents, entered into a lease agreement in respect of property No. 29 Ahmadu Bello Way, Jos, belonging to the 1st respondent, whilst the 2nd respondent was the care-taker. The lease agreement signed by the parties, expired on the 31/8/1991 and the appellant paid another N10,000.00 as one year's rent in respect of the said property, commencing from the 1/9/1991, to end on the 31/8/1992. During the subsistence of the lease agreement, the appellant sub-let the premises to other persons without the consent of the respondents, contrary to Clause 2(g) of the lease agreement. The respondents terminated the agreement and on the 23/10/91, the 2nd respondent, in the company of his staff and two labourers, entered the premises, removed the goods therein, and locked it.

Aggrieved by the action of the respondents, the appellant as plaintiff took a Writ out of the High Court in Jos…

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