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NIGERIAN REINSURANCE CORPORATION v. HON. JUSTICE RAHILA CUDJOE & ANOR.

(2007) JELR 47188 (CA)

Court of Appeal  •  CA/A/83/06  •  18 Jul 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; ABDU ABOKI JCA;

Judgement

OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A.: (Delivering the Leading Judgment): The respondents before this court, Hon. Justice Rahila Cudjoe and Fendo Hannatu Mohammed, both Administrators of the Estate of their father, Late Reverend Canon H. O. Mohammed took out originating summons against the appellant, as defendant before the Federal High Court Abuja, for determination of the following legal questions:

(1) Whether or not the purported lease of the property covered by a statutory right of occupancy No. FCT/ABJ/KD/219 entered into between (late) Rev. Canon H.O. Mohammed and the defendant Nigerian Reinsurance Corporation annexed hereto and marked as exhibit "A".

(i) Without a commencement date

(ii) Not dated

(iii) Without stating the amount the house was built thereon

(iv) And not sealed by the defendant

(v) Not registered in favour of the defendant

(vi) That the lease is of more than 5 years duration is valid in law

(2) Whether having failed and/or refused to pay the ground rent thereon si…

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