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MRS. C. A. SOBAMOWO v. THE FEDERAL PUBLIC TRUSTEE

(1970) JELR 33457 (SC)

Supreme Court  •  SC.77/1968  •  29 May 1970  •  Nigeria

Coram
IAN LEWIS JSC ATANDA FATAYI-WILLIAMS JSC GEORGE SODEINDE SOWEMIMO JSC

Judgement

LEWIS, J.S.C. (Delivering the Leading Judgment): The plaintiff's particulars of claim in the Magistrate's Court Yaba in suit 404/66 read.

"The plaintiff is the trustee of the estate of C.T. Osinaike: deceased is the owner of the premises situate at No. 32, Little Road, Yaba.
(1) Before the 1st day of November, 1965, the defendant occupied 4 (four) rooms in the said premises as a tenant.
(2) On or about the 1st day of November, 1965, the defendant forced open the lock on the door of a fifth room in the said premises and entered into possession thereof without the authority of the plaintiff.
(3) The plaintiff has demanded from the defendant possession of the said room but the defendant has refused to give the plaintiff possession thereof and wrongfully remains in possession thereof.
AND the plaintiff claims:
(a) Possession of the fifth room;
(b) Mesne profits at the rate of 3pounds per month from the 1st day of November, 1965 until possession is given up.
Annual rental value of the room…

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