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PAPERSACK NIGERIA LIMITED v. ALHAJI J. A. ODUTOLA & ANOR

(2003) JELR 44927 (CA)

Court of Appeal  •  CA/L/144/2001  •  1 Jul 2003  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): By writ of summons filed on the 22nd July, 1993 in Lagos High Court Ikeja, the respondents commenced the suit against the appellant for arrears of rent, possession and mesne profit in respect of premises known as 44 Eric Moore Road, Iganmu Estate, Lagos.

Pleadings were exchanged and amended and the case proceeded to trial. At the end of the trial, the trial Judge entered judgment in favour of the respondents.

The appellant was dissatisfied with the decision of the lower court and appealed to this court. The learned counsel for the appellant filed a brief of argument on its behalf and formulated the following issues for determination:

"(a) Whether the lower court was right when it held that the defendant was a tenant-at-will.

(b) Whether the lower court was right when it held that the defendant's tenancy was duly terminated by a valid notice to quit.

(c) Whether the lower court was right when it held that there was a valid a…

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