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EMMANUEL OSELOKA ARAKA V. MONIER CONSTRUCTION CO (NIG) LTD

(1978) JELR 45243 (SC)

Supreme Court  •  SC.314/1976  •  15 Sep 1978  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

M. BELLO, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the judgement of Allagoa J. in the High Court of the Rivers State, sitting at Port Harcourt wherein the Appellant as Plaintiff claimed from the Respondents as Defendants the sum of ₦4,400 being rents due to the Appellant for the period, 1st December 1967 to 30th November 1969, in respect of the Appellant's house situated at 5 Wenike Tienabeso Street, formerly 5 Umuahia Street, Port Harcourt.

The case for the Plaintiff in the trial Court was stated in paragraphs 2 to 6 of his statement of claim as follows:

"2. As from the 1st day of December, 1963, the Defendants took on sublease the said house paying thereof to the Plaintiff the sum of 1,100 pounds (₦2,200.00) as rent in advance for a year on every 1st day of December each year.

3. On the 1st day of December, 1966, the Defendants paid the sum of 1,100 pounds (₦2,200.00) to the Plaintiffs as rent in advance for the said house for the period of 1st December 1966, to…

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