EDELSTEIN NIGERIA LIMITED & ANOR V. ALHAJI MUSA ONUSABA

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kogi State High Court, sitting at Okene; Coram Hon. Justice S.O. Otu, delivered on the 15th day of October, 2010; in Suit No: KGS/OK/23C/2000.

Facts in Brief:

The 1st appellant and the respondent herein entered into a Lease Agreement on 24/07/1992, the Respondent on behalf of the Ehebe family leased to the 1st Appellant's Company portions of their land situated at ORUKUNOBO area of Adogo Oguda in Okene LGA of Kogi State for mining.

The Appellants, who were earlier in compliance with the terms of the Lease Agreement with the Respondent, however stopped paying rent, contending that they cannot continue paying rent since the High Court of Justice Auchi had delivered judgment on the 12th of October 1994, in suit No HAU/45/92 between the appellants and Alhaji Ado Ibrahim and Co., who had claimed ownership of the land, in the said judgment the land in dispute was held to be in Edo State, as …