MR. JERRY IBEKWE V. MR. NELSON NWEKE

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of Honourable Justice K.O. Alogba delivered on the 21st of October 2008 at the High Court of Lagos State, Ikeja Judicial Division, whereby he entered Judgment in favour of the Claimant/Respondent against the Defendant/Appellant for mesne profits for the use and occupation of the premises in use at the rate of fifty thousand naira per month, from 1st day of July 2005 until possession is ordered to be given up.

The genesis of this case is that the Respondent Nelson Nweke (as Claimant in the lower Court) had claimed against the Appellant (as Respondent) for

(i) Possession of property described as a four-bedroom semi-detached duplex together with the two rooms boy's quarters and other appurtenances thereto situate at No 21A Nelson Nweke Street, Magodo, GRA, Lagos.

(ii) Mesne profit for the use and occupation of the premises in the sum of one million, one hundred thousand naira of the rate of ₦…