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MANDILAS LIMITED V. EKHATOR AYANRU

(2000) JELR 43995 (CA)

Court of Appeal  •  CA/L/27/95  •  31 Jan 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Lagos State High Court, Coram I. O. Agora J. delivered on 22nd of September, 1989. The respondent who was the plaintiff at the lower court filed a writ of summons dated 17th November, 1980. Therein, he sought a declaration that he was not bound by the deed of lease dated 24th August, 1970 made by him and the appellant company as defendant in the court below and affecting property situate at 3 Murtala Mohammed Road, Benin-City in the defunct Bendel State now Edo State which was registered as No.7 at page 7 in volume 95 of the Lands Registry Benin-City. In the alternative the plaintiff claimed a declaration that the said deed of lease is a nullity.

The facts of the case as presented before the lower court in the pleadings and evidence led by the parties are summarised below. In 1970 the plaintiff (respondent) agreed to extend the tenancy of the appellant company for additional six years. The plaiā€¦

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