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DIMASA PROPERTY LIMITED v. NURUDEEN ABIOYE YUSUF

(2009) JELR 47445 (CA)

Court of Appeal  •  CA/L/418M/2006  •  30 Jan 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO, JCA (Delivered the Leading Judgment): This is an appeal by the Defendant now Appellant against the ruling of the High Court of Lagos State delivered on 23rd of October 2001. The Respondents Nurudeen Abioye Yusuf Attorney of the Opere family was the Plaintiff in the lower court. He commenced a Suit in the High Court by Writ of Summons filled on 30/1 0/96, he also filled a statement of claim which had no relief sought, but had relied on the claims endorsed in the Writ of Summons which reads as follows:

"1. Forfeiture of the lease dated 10th March, 1951 and registered as 47/47/877 inclusive of all subsequent assignments and subleases registered under title No. LO 6621 over the premises known as 19A, Docemo Street, Lagos hereinafter referred to as the PREMISES.

2. The sum of four hundred and eighty naira (N480.00) as arrears of rent for the period 1st September, 1991 - 31st August, 1996 at the rate of N96.00 per annum.

3. Possession of the premises situate at 19A, …

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