JAMES OGIDI VS COMMISSIONER OF POLICE
September 10, 2025FARID KHAWAM VS FOUAD MICHAEL ELIAS
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 14778 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Nov 17, 1960
Suit Number: SC 343/1960
CORAM
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSIONER OF LANDS, EASTERN REGION
RESPONDENTS
AREA(S) OF LAW
LEASES – BREACH OF CONVENANTS IN A LEASE-FORFEITURE
SUMMARY OF FACTS
The appellant in breach of covenant for lease, continued to build on the land in issue without approval despite series of warnings. The trial court granted him relief against forfeiture on the condition that the buildings built without approval be demolished.
HELD
The court held that there were no circumstances necessitating the variation of the condition given by the trial judge.
ISSUES
whether there were any circumstances which made it equitable to let the building stand.
RATIONES DECIDENDI
BREACH OF CONVENANTS IN A LEASE
‘there must be circumstances making it inequitable for relief to be granted making buildings built contrary to covenant in a lease and without approval to stand.’ Per Bairamian F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not available
