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DR. TUNJI A. BRAITHWAITE V. CHINA CIVIL ENGINEERING CONSTRUCTION CORPORATION

(2001) JELR 57475 (CA)

Court of Appeal  •  CA/L/77/2000  •  16 Jul 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA ( Read the Lead Ruling)

Appearances
Mr. Rasaq Okesiji, Esq. for the Appellant; Mr. O. Delano, Esq. (with him, Miss O. M. Otuyalo) for the Respondent.

Judgement

ADEREMI, JCA (Delivering the Lead Ruling): In the court below, High Court of Lagos State, Lagos Division (coram Akinsanya, J.) the appellant, as the plaintiff, had issued out a writ of summons, claiming against the respondent who was the defendant in that court the following reliefs:-

(1) N6.4 million (six million, four hundred thousand naira) being the damage done to the plaintiff ’s property measuring 15,453.24 square metres) comprising 5 luxury bungalows, Casino Hall, Storey-buildings of block of flats and single apartments complete with swimming pool, law tennis court, servants’ quarters, garden etc. situate and lying at Oregun Road, Ikeja in the big premises of 158 Barosol Limited, Oregun, Ikeja, Lagos State.

(2) Interest on the sum claimed herein or whatsoever part thereof the court may award at the rate of 21% per annum from the date of payment of the award.

Suffice it to say that the relationship between the appellant and the respondent is that of landlord/tenant. The appell…

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