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BOCAS NIGERIA LIMITED v. WEMABOD ESTATES LIMITED

(2016) JELR 41880 (CA)

Court of Appeal  •  CA/L/108/09  •  22 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

AMINA ADAMU AUGIE, JCA (Delivering the Leading Judgment):

This Appeal stems from a tenancy dispute between the Parties involving a property at 27 Adele Street, Apapa, Lagos. The Appellant took possession of the property in 1996, and paid its rent regularly until 2001 when it stopped paying on the ground that it had expended on the repairs of the property, and was entitled to stay on for at least 5 years before paying any rent at all.

Fed up with its excuses for not paying rent, the Respondent briefed its Solicitor to recover the arrears of rent and possession of the premises. The Solicitor issued and served it with a Notice to Quit dated 20/4/2005, and when the Appellant refused to vacate, the Solicitor issued and served it with a second Notice to Quit dated 1/11/2005. Thereafter, the Respondent instituted an action at the Lagos State High Court, wherein it claimed -

a) An immediate possession of the premises known as 27, Adele Street Apapa, Lagos forthwith.

b) Arrears of rent of ₦800,000…

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