AHMED DEBS & ORS. V. CENICO NIGERIA LTD.

OPUTA, J.S.C. (Delivering the Leading Judgment): The facts of this case lie comparatively within a very narrow compass. Not much was in dispute. From a closer consideration of the pleadings, it is my view that at the close of the pleadings, the Defendant/Company did not specifically deny that the annual value of the premises at No. 15 Commercial Road, Apapa, was, by October 1979, ₦220,000.00. If this is the position then by the rules of pleadings - any matter not specifically denied or stated not to be admitted should be regarded as established:- Messrs Lewis and Peat (N.R. I) Ltd. v. A. E. Akhimien (1976) 7 SC. 157 at pp. 163/164. This was not done. Evidence was led. And from the totality of that evidence, it was open to the learned trial Judge to evaluate the available evidence and arrive at the rate of mesne profits borne out by that evidence.

The Appellants as Plaintiffs sued the Defendant/Company for recovery of possession of the premises at No. 15 Commercial Road, Apapa, Lagos. …