ALHAJI G. SALOMONU & ANOR VS THE STATE
August 26, 2025AYINLA AJAKAIYE VS AMODU OKANDEJI & ORS
August 26, 2025Legalpedia Citation: (2022-04) Legalpedia 22686 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Feb 18, 1972
Suit Number: SC 309/1970
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
MRS. A. A. LISBOA
APPELLANTS
IBRAHIM M. FAWA
ANIS SAIDI
RESPONDENTS
AREA(S) OF LAW
LANDLORD-TENANT AGREEMENT -POSSESSION -BREACH OF COVENANT
SUMMARY OF FACTS
The appellant leased her property to the respondent for certain term of years and his right to sublet was subject to consent granted this was violated and brought about this action.
HELD
This Court held that there was no legal relationship between the parties because the cheque for which a receipt was made out was dishonored.
ISSUES
Whether a Landlady-Tenant relationship was created by virtue of the receipt issued in the name of 2nd respondent even when the cheque for which it was issued was dishonoured by the bank.
RATIONES DECIDENDI
EVIDENCE NECESSARY FOR A WAIVER
“That unless there is evidence of conduct or words of the plaintiff, from which a waiver could be said to have been established, he could not be justified in holding, as he did, that there was a waiver.” Per G. S. SOWEMIMO, AG. JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
