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AYINKE STORES LTD v. MR. S.A. OLA ADEBOGUN

(2008) JELR 46817 (CA)

Court of Appeal  •  CA/I/M/66/06  •  24 Jan 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; CHIDI NWAOMA UWA JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A (Delivered the Leading Judgment): The Respondent as Plaintiff at Ibadan High Court claimed the following reliefs as endorsed in his writ of summons:

"(a) Possession of the 4 shops situate at 33 Abeokuta Road Ijebu Ode which the defendant (holds) as a yearly tenant of the plaintiff;

(b) The sum of N30,000:00 being arrears of rent for September, 2001 to June, 2002;

(C) Mesne profit at the rate of N3;000:00 per month from July, 2002 until possession is delivered;

(d) The sum of N60,000:00 being damages for breach of the tenancy agreement and

(e) Cost of this action."

The defendant entered a conditional appearance, filed a statement of defence and counter-claimed. The counterclaim was later withdrawn and struck out on 21/2/05.

From the records, hearing in the trial court commenced on the 5th day of February, 2004 and ended on 21/2/05 with the close of the plaintiff's case.

The defence did not call evidence but rested its case on that of the plaintiff's.

The learneā€¦

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