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ALHAJA SABALEMOTU AYINKE V. ALHAJI MUNIRU LAWAL & ORS

(1994) JELR 43382 (SC)

Supreme Court  •  SC.127/1989  •  22 Jul 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
M.I. Igbokwe For Appellant Absent and unrepresented For Respondent

Judgement

IGUH, J.S.C (Delivering the Leading Judgment): In the Chief Magistrates court of the Lagos Magisterial District, holden at Yaba, Lagos State, the plaintiff, by a writ of summons filed on the 4th May, 1982 claimed against the defendants as follows:-

(i) Possession of one storey building consisting of 10 shops and 5 office apartments situate at No. 1, Aro Street, otherwise also known as No. 88B Docemo Street, Lagos; and

(ii) N1,000.00(One thousand Naira) per annum for the use and occupation of the said building and premises from the 15th July, 1978 until possession is given up.

The case duly proceeded to trial and evidence was led on behalf of the parties. At the conclusion of hearing, the learned trial Chief Magistrate after a review of the evidence entered judgment for the plaintiff against the defendants jointly and severally in the following terms-

It is hereby adjudged that the plaintiff do recover from the defendants possession of the premises; that is to say, that one storey bui…

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