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E. A. FASORO V. J. H. ABDALLAH

(1987) JELR 42719 (SC)

Supreme Court  •  SC.195/1985  •  12 Jun 1987  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Professor S. A. Adesanya (with him O. O. Ogunbanjo, Esq.) For Appellant Mr. P. C. Ajayi-Obe (with her T. Dare Esq.) For Respondent

Judgement

OBASEKI, J.S.C. (Delivering the Leading Judgment): This is a very short appeal and the issues are straight forward. The appellant as plaintiff instituted an action against the respondent as defendant in the High Court of Oyo State. Ibadan Judicial Division. Ibadan claiming:

"(1) Possession of all that main building, the block by it consisting of basement, ground floor of a four-door shop annexed to the main building and together with two boys quarters behind situate, lying and being at N6A/318 Oyo Road. Mokola. Ibadan let by the Plaintiff to the defendant as a sub tenant under a deed dated 19th February, 1980 and registered as No. 19 at page 19 Volume 229 of the Lands Registry in the office at Ibadan.

2. N100,000.00 (One hundred thousand NAIRA) special and general damages caused by the defendant's act of blocking all accesses by which the plaintiff and his tenants, agents and servants reach the portion of the premises not let out to the defendant and occupied by the plaintiff, his se…

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