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TUKUR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at the Lagos Division, delivered on 17th day of December 2013 in Appeal No. CA/L/1042M/2011 wherein the appeal from the High Court of Lagos State which sat on appeal from the Magistrate Court of Lagos State was dismissed on the basis that the appellant’s tenancy in the property situated at No. 54 Common wealth Avenue, Palmgrove Estate, Ilupeju, Lagos was rightly determined.
The respondent herein as plaintiff, instituted an action before the trial Magistrate Court of Lagos State, Yaba Magisterial District on the 8th day of July 2008 against the defendant (now appellant) for the recovery of possession of a 3-Bedroom Duplex with two boys' quarters situated at No. 54, Common wealth Avenue, Palm-grove Estate, Ilupeju, Lagos. The appellant was a yearly tenant paying N400,000 as rent annually on the said property.
The said appellant challenged the competence of the action on t…