THE REGISTERED TRUSTEES OF THE LIVING CHRIST MISSION, L.O. DIKE, E.A. ONYIA & D.O. NWOSU V. DR. OSITA ADUBA & MRS. PATRICIA ADUBA

UWAIFO, JSC (Delivering the Leading Judgment): The respondents filed a claim in Suit No. MO/660/92 on 8 September 1992 against the appellants as tenants at the Magistrates’ Court. A yearly tenancy of N2,400.00 a year in respect of a flat and out-houses at No. 42 Mba Road, Inland Town, Onitsha had become a subject of dispute. The respondents sued for two reliefs, (1) possession and (2) mesne profits of N200.00 a month from January 1, 1992 until possession was delivered up. Apparently, the tenancy had been determined by notice to quit which expired on 31 May, 1992.

The appellants proceeded to take out a writ of summons in Suit No. 0/390/ 92 on 2 October, 1992 at the Onitsha High Court against the Respondents in respect of the said tenancy. The reliefs which I find pertinent to reproduce in full owing to their crucial relevance to this appeal stated as follows:

“1. Declaration that the Plaintiffs, having been permitted by their late landlord Mr. Osita Aduba to erect additional one room …