COUNCIL OF LEGAL EDUCATION V. HAJIA BASIRAT MOJISOLA DANGEMR. OLUYINKA ABAYOMI OLALEKAN AWOLARU (FOR THEMSELVES AND ON BEHALF OF THE FAMILY OF MADAM OYINKAN MOYENI), MR. BASIL CHRISTOS ECONOMIDES, MR. ELIAS BADIH KHALIFE & ATTORNEY GENERAL OF THE FEDERATION
(2024) JELR 112369 (SC)
Supreme Court
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SC/1097/2019
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7 Jun 2024
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Nigeria
Coram
UWANI MUSA ABBA AJI JSC
CHIDIEBERE NWAOMA UWA JSC
STEPHEN JONAH ADAH JSC
ABUBAKAR SADIQ UMAR JSC
MOHAMMED BABA IDRIS JSC
Appearances
I. TAIWO, ESQ, FOR THE APPELLANT.
O.S. SOWEMIMO, SAN, WITH G. OJO, ESQ, D. OLALEYE, ESQ, I. OYEYIPO, ESQ, AND S. OYEWOLE, ESQ, FOR THE 1ST AND 2ND RESPONDENTS.
Judgement
<p style="text-align: justify"><strong>MOHAMMED BABA IDRIS, JSC (Delivering The Leading Judgement): </strong>This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on the 30th day of April, 2019.</p><p style="text-align: justify">By an Originating Summons dated and filed the 4th day of February, 2011, the 1st and 2nd Respondents as Claimants before the trial court, filed an action against the 3rd, 4th and 5th Respondents who were 1st, 2nd and 3rd Respondents respectively at the trial court submitted a sole question for determination as follows:</p><blockquote><p style="text-align: justify"><em>Whether by virtue of the Lease agreement dated 20th February 1957 registered under title No: L02892 between the Late Madam Oyinkan Moyeni and the 1st and 2nd Defendants the Claimants are not entitled to re-enter upon the subject matter of the lease upon breach of any of the covenants of the said lease by the Defendants especially breach of covenant to pay rent. </em></p></blockquote><p style="text-align: justify">The 1st and 2nd Respondents sought for the following reliefs against the 3rd, 4th and 5th Respondents jointly and severally thus:</p><ol><li><p style="text-align: justify"><em>A Decl…</em></p></li></ol>