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LILY UYANN V. OFOR ASIKA

(1975) JELR 41940 (SC)

Supreme Court  •  SC.421/74  •  11 Apr 1975  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

DAN. IBEKWE, J.S.C. (Delivering the Leading Judgment): This case originated in the Chief Magistrate Court, Onitsha, and it was, therefore, tried without pleadings. The plaintiff's claim against the defendant is for the sum of 120 being arrears of rent in respect of the property situate at No. 10 Iweka Road, Onitsha at 15 a month. The narrow issue which falls to be decided in this case is whether the said property at No. 10 Iweka Road, Onitsha is a business premises for the purpose of the East Central State Edict No. 10 of 1970 entitled Vacant Premises (Reoccupation Provisions). The Edict in question was promulgated by the East Central State Government at the end of the civil war in order to tackle the acute accommodation problem which arose in some parts of the State soon after the cessation of hostilities. The Edict was not intended to be of general application. It applied only to a few towns which had been badly hit by the ravages of the war.

The First Schedule to the Edict set out …

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