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OKOLO ENTERPRISES NIGERIA LIMITED & ANOR v. HENRY NWACHUKWU EZEANI (JNR)

(2013) JELR 35297 (CA)

Court of Appeal  •  CA/E/323/2006  •  23 Dec 2013  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; ADRIZA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This appeal was brought pursuant to the decision of the High Court of Justice, Anambra State sitting at Onitsha Judicial Division per Hon. Justice J. I. Nweze on Tuesday, the 28th day of February, 2006 in suit No. 0/168/2005.

The Appellants in this appeal were the plaintiffs at the Lower Court while the defendant is now the respondent. I shall therefore in the subsequent portions of this judgment be referring to the parties as the appellants and the respondent.

On the 15th day of January, 1981, the Appellants entered into a Deed of Lease with the respondent on the understanding that the Appellants would erect a four (4) storey building on the Respondent's land situate at No. 17 New Market Road, Onitsha upon calculated expenses of N94, 000 (Ninety four thousand Naira) which the Appellants would recoup gradually upon taken possession of the said building for twelve and half years. The crux of the instant litigation wa…

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