<p><strong> ADEKEYE JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the High Court of Enugu State, Enugu Judicial</p><p>Division in suit No. E/9A/98 delivered on the 27th day of March, 2000. The matter before the High Court, Enugu Division was another appeal, which arose from the judgment of the Senior Magistrate Court, Enugu delivered on the 12th of November, 1997. The respondent was the plaintiff in the Senior Magistrate’s Court Enugu where he sued the appellant, the defendant according to the claim filed on 27/5/91 for the under-mentioned reliefs:-</p><p>Possession of the said one flat with appurtenances situate at No. 30 Nike road, Abakpa Nike, Enugu.</p><p>(b) The sum of N360.00 being arrears of rent from the 1st day of January, 1991 tothe 31st of March, 1991 at the rate of N120.00 per month. (c) Mesne profits at the rate of 120.00 per month from the 1st day of April, 1991 until possession is given up.</p><p>The respondent was landlord of the property.At the hearing which commenced on th…</p>