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HUSSEIN MUKHTAR, J.C.A. (Delivered the Leading Judgment): By a writ of summons and a statement of claim dated 2nd May and 28th April 1995 respectively and both filed on the 2nd May 1995, the respondent as plaintiff in the court below instituted an action for recovery of possession of property situate at No. 24A Cameron Road, Ikoyi, Lagos claiming the following reliefs:
1. "That the plaintiff is entitled to the possession of the premises known as flats 1 and 2 together with the appurtenances situate at No. 24A, Cameron Road, Ikoyi, Lagos State, which were let by the plaintiff to the defendant for a tenancy for two (2) years certain commencing 1st April, 1992 under a rent of N=180,000.00 (one hundred and eighty thousand naira) per annum for flat No. 1 and which tenancy was determined by effluxion of time on 31st March 1994 and in respect of flat No. 2 let by the plaintiff to the defendant for a tenancy for two (2) years certain commencing 1st March 1992 under a rent of N160,000.00 (one …