PAUL OMOREGBE V. EHIGIATOR EDU
August 27, 2025JACKIE PHILLIPS V. ARCO LTD
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 15491
In the Supreme Court of Nigeria
Fri Oct 29, 1971
Suit Number: SC. 112/1969
CORAM
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
DR. S.A. AGBAJE & ORS (MOGAJI HEAD OF SALAMI AGBAJE for himself and on behalf of the administrators and beneficiaries of the estate of CHIEF SALAMI AGBAJE (DECEASED)) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants acted on the option to renew provision in their tenancy agreement and requested for a renewal of their tenancy with the respondents at a fixed rent.
HELD
The Court held that the rent agreed to under the lease was enforceable and the rent must be determined in accordance with the appropriate legislation. ?
ISSUES
Please seperate multiple entries withIs the option to renew enforceable on the ground that it leaves the rent to be agreed between the parties? If it is enforceable by what method is the rent to be decided or must it be decided in accordance with the Rent Restriction Act?
RATIONES DECIDENDI
BINDINGNESS OF THE RENT CONTROL LEGISLATION
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CASES CITED
BROWN VS. GOULD & ORS (1971) 3 W.L.R 334 at 338GREATER LONDON COUNCIL VS. CONNOLLY (1970) 2 Q.B 100 at 108 and 110.MACARTHY VS LEMOMU & ORS (1966) 2 ALL N.L.R 44KINGS MOTOR (OXFORD) LTD VS LAX & ANOR (1969) 3 ALL E.R 665KASUMU VS IBIRONKE (1952) 14 W.A.C.A 189.ROSSITER VS MILLER (1878) 3 APP CAS.1124WAUGH VS MORRIS (1873) L.R.8 Q.B 202
STATUTES REFERRED TO
RENT RESTRICTION ACT (Cap 183) LAWS OF THE FEDERATION OF NIGERIA.RENT CONTROL (LAGOS) AMENDMENT ACT 1965.
