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AUCHI MICROFINANCE BANK LTD v. REGISTERED TRUSTEES OF USOGUN PROGRESSIVE SOCIETY, AUCHI

(2021) JELR 109413 (CA)

Court of Appeal  •  CA/B/425/2013  •  18 Nov 2021  •  Nigeria

Coram
Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State, Auchi Judicial Division (the trial Court) delivered on 7/6/2013 by E. O. Ahamioje, J. In the judgment, the trial Court found in favour of the respondent and granted possession of the premises situate at No. 40 Otaru Road, Auchi and Mesne profit at the rate of N30,000.00 per month from May 2006 until delivery of possession in favour of the respondent.

Aggrieved by the decision, the appellant filed a notice of appeal against the same on 19/6/2013.With the leave of this Court granted on 29/6/2021, the notice of appeal was amended.

​For ease of understanding of the issues that shall be discussed in this appeal, it is necessary to state the facts of the case leading to the appeal. The respondent by a lease agreement dated 18/4/1995, leased the building situate at No. 40 Otaru Road, Auchi, for a period of 5 years to the appellant. At the expiration of the term, the …

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