PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division or court below or lower court, for short, wherein the learned justices delivered a judgment in favour of the 2nd respondent on 11 February 2005.
Facts:
The facts as put forward by the respondents are that the 1st respondent was at all material times the owner of all the stalls at Igbudumarket, Warri and the 2nd respondent, its tenant of shed No. 1052 (formerly known as shed No. 1338). Sometime in 1987, the 2nd respondent allowed the appellant the use of the stall when she had to leave Warri to tend her child who was ill at the time, and on her return in 1988 in the month of December, she went to the appellant to demand for rent. This demand was rebuffed by the appellant who in turn claimed ownership of the stall, whereby the 2nd respondent reported the development to the 1st respondent, who invited both parties to resolve who the rightful owner could be. At t…