CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Judgment): The Appellant herein, who was the Plaintiff of the trial court is the owner of a property situate in Jos and known as No. 18 Abattoir Rood, Jos. It was his case from his pleading of the trial Court that the property comprised of five bedrooms, a garage and a store. He let out the property to the Respondent then Defendant, Pastor Kadiri Raphael Ayodele who occupied same for about fourteen years. During this period, the Respondent denied the Appellant's request to inspect the premises. The Appellant between the years 2000 and 2004 sought to recover the premises, and on the 25th of February, 2004, the Senior District Court Abattoir granted the Appellant's prayer to inspect the premises. That the Respondent therefore only agreed the Appellant's access to the premises on the 1st of March, 2005.
On the 26th of February, 2005, the Respondent who had moved out of the premises six months earlier returned to clear the over grown gras…