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P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Ibadan Division. In point of fact, it is an appeal against the concurrent decisions of three courts, each of which had found against the appellant.
In the Ibadan City No.2 Grade 'A' Customary Court, the plaintiff claimed against the defendant:
"possession of the Shop at Bere Square, Ibadan, which the defendant holds as tenant to the plaintiff after repeated demand for possession.
The plaintiff also claims #36 (thirty six pounds) being arrears of rent for 6 (six) years, from 1st October, 1966, to 30th September, 1972 at 10pence per month."
The case came up for trial before Chief A.L. Obisesan, the Chief President of the Customary Court. At the hearing parties called their witnesses and tendered some documentary exhibits, including:
(i) Exh. A, that is a certified copy of the proceedings in suit No. CV/96/72 between the present defendant, as plaintiff, and the presen…