MR. WILLIAM JOHN GILBERT GODWIN MRS. MARGARET GILLIAN GODWIN V. TUNDE DURO-EMMANUEL MRS. EBUN-OLUWA DURO EMMANUEL MRS. CHRISTIANA MODUPE FADIYA
(2016) JELR 54151 (CA)
Court of Appeal
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CA/L/684M/2013
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29 Apr 2016
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Nigeria
Coram
AMINU ADAMU AUGIE JCA (Presided) Y. BYENCHIT NIMPAR JCA
Appearances
O. Idemudia [with him, V. Egboh (Miss) and E. Osipitan
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(Miss)] - for the Appellants.
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Kehinde Osibona (with him, Adeniyi Komolafe) - for the 1st and 2nd Respondents.
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Olorunfemi Daniel - for the 3rd Respondent.
Judgement
<p><strong> TUKUR JCA (Delivering the Lead Judgment: </strong> This is an appeal against the judgment of the High Court of Lagos State in suit No. M/169/2007, delivered on 20 February 2013 by Honoura ble Justice O. Atinuke Ipa ye in fa vour of the respondents. The circumstances that led to this appeal are that the appellants entered into a lease agreement with respondents wherein the respondents agreed to lease out the property identified as No. 27, Boyle Street, Lagos to the appe lants for a period of 50 (fifty years) with the option to renew for another period of 49 (forty nine) years. Dispute however ensued when the appellants sought to exercise their right of renewal of the lease as the respondent declined to consent to it. Thus, the A appellants as claimants at the trial court filed an originating summons dated 2 April 2007, an affidavit in support and written submission (seen at pages 1 and 2, 19 to 22 of the record of appeal). They sought the following reliefs: βA declaration that the claimants arβ¦</p>