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TOKUNBO SHOGBOLA & ORS v. ALHAJA B. KUDAISI

(2000) JELR 41673 (CA)

Court of Appeal  •  CA/L/113/95  •  28 Feb 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

IFEYINWA CECILIA NZEAKO, JCA (Delivering the Leading judgment): In the suit in the Court below, there were two defendants against whom the Plaintiff brought her action. Judgment was on 11/6/93 delivered in favour of the plaintiff against the two defendants. Only the 1st defendant appealed to this Court. The 2nd defendant did not appeal.

The claim of the plaintiff filed at the High Court of Lagos State in suit ID/576/90 on 20/3/90 was as follows:-

Possession of the house and premises situate at 1A Olorogun Street, Surulere, Lagos State which were let out by the Plaintiff to the defendants as tenants - at will which said tenancy was determined by Notice to quit given by the plaintiff on the 10th of January 1990 to 1st defendant and on the 23rd of February 1990, the Plaintiff did serve on the defendants Notices in writing of her intention to apply to recover possession of the premises/house (duplicate of which notice are hereby annexed) by serving same personally on the defendants and th…

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