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ALHAJI JIMOH YUSUF & ORS v. GOVERNOR OF LAGOS STATE & ORS

(1994) JELR 41997 (CA)

Court of Appeal  •  CA/L/129/94(R)  •  10 Nov 1994  •  Nigeria

Coram
IBRAHIM KOLAPO SULU-GAMBARI JCA; UMARU ATU KALGO JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;

Judgement

SULU-GAMBARI, J.C.A.(Delivering the Lead Ruling): Learned Counsel for the applicants pointed out that the applicants are tenants of the respondents and that their tenancies are still continuing, the fact that the buildings have been demolished notwithstanding. He referred us to page 43 of the bundle of documents attached to the application - the counter-affidavit sworn to by one Felix Adeoye paragraph 8 of it which admitted that the plaintiffs/applicants are tenants. I quote:-

"8. That all the traders in the area including the plaintiffs/applicants are tenants of the Urban Renewal Board which is the appropriate authority with responsibility for the scheme."

In the Ruling, the learned trial judge emphasised that there was no dispute as to the existence of the legal right of the plaintiffs since the respondents admitted that they are tenants.

Even in the counter-affidavit filed on 12/5/94 by the respondents in this court sworn to by the same Felix Adeoye, it was deposed to in paragraph …

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