CHIMEZIE BELLO EKWEGH IKECHUKWU GHANDI EKWEGH V. EZE C. O. IKE

FABIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Nosike J. delivered at the High Court of Justice, Enugu on 30th October, 2001.

The matter is one between a landlord - the respondent and his tenants the appellants herein. The respondent through his attorney as plaintiff in the lower court claimed for possession of the storey building situate at No. A 4B, Valley Crescent, Independence Layout, GRA, Enugu as well as mesne profits from August 2000 at the rate of N15,000 per month until possession is given up.

The appellants entered into a tenancy agreement with the respondent and paid rent at the rate of N10,000 per month for two years from 16th July, 1998 to 15th July, 2000. Thereafter, the appellants failed to pay further rents from 16th July, 2000 to 3rd December, 2002 when they returned the keys to the respondent.

Upon completion of pleadings, the suit proceeded for hearing. Parties agreed that on 11-6-2001 when the case was adjourned for hearing to 3…