judy.legal
Login Register

FELIX O. OSAWARU V. SIMEON O. EZEIRUKA

(1978) JELR 43873 (SC)

Supreme Court  •  SC.362/1976  •  16 Jun 1978  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC CHUKWUNWEIKE IDIGBE JSC ANTHONY NNAEMEZIE ANIAGOLU JSC

Judgement

A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The appellant before us was the defendant in an action instituted by the respondent in the then High Court of Midwestern State of Nigeria in the Warri Judicial Division in Suit W/169/73 in which the claim was

1. For possession of premises comprising 12 rooms and 2 stores situate at 47 Ginuwa Road, Warri, "let" by respondent to the appellant on a rent of ₦76.00 per month.
2. ₦2,964 (two thousand, nine hundred and sixty-four naira) being mesne profits from September, 1970 to November, 1973 at the rate of ₦76.00 per month, and further mesne profits at the rate of ₦76.00 per month, being the rate of rent of the said twelve rooms and two stores from the 1st of December, 1973 until possession is given up.

The grounds on which possession was demanded were set out in the writ as 

"1. Personal use
2. That the tenant (defendant) is guilty of a breach in the Tenancy Agreement
3. Substantial repairs
4. To prevent premises being used as a…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login