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JAMIL TANNOUS V. U.K. KIRPALANI

(1968) JELR 87085 (SC)

Supreme Court  •  F.S.C 620/1966  •  6 Dec 1968  •  Nigeria

Coram
BRETT,JUSTICE, SUPREME COURT COKER, JUSTICE, SUPREME COURT MADARIKAN,JUSTICE,SUPREME COURT.

Judgement

COKER,J.S.C.

The appellant was the plaintiff in a suit instituted at the Lagos Magistrate’s Court (No. 595211963, Jamil Tannous v.U.K. Kirpalani, etc.). The respondents were the defendants to the action. As expressed on his writ the plaintiff claimed against the defendants:-

“the sum of £400 being arrears of rents owed by the defendants to the plaintiff in respect of the premises fully furnished situate at No. 37, Balogun Street, Lagos, Nigeria, let out to the defendants by the plaintiff at the agreed rate of £200 yearly.”

Pleadings are not filed in the magistrates’ courts but in accordance with the Magistrates” Courts Rules the defendants were asked to plead to the plaint and they pleaded “not liable.”

At the hearing the plaintiff gave evidence and called wit-nesses to show that after hiring an unfurnished room at No. 37, Balogun Street, Lagos, for £75 he proceeded to furnish it after which he !et out the room to the defendants at an annual rent of £200 (two hundred pounds). The letting…

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