CHIEF NYONG ETIM & ORS V. CHIEF BEN E.A. OYO & ORS
August 4, 2025GODWIN AGBEYEGBE V. SEISMOGRAPH SERVICES (NIG) LIMITED
August 4, 2025Legalpedia Citation: (1978) Legalpedia (SC) 17111
In the Supreme Court of Nigeria
Fri Jun 16, 1978
Suit Number: SC. 362/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANTHONY ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
FELIX O. OSAWARU
APPELLANTS
SIMEON O. EZEIRUKA
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW
SUMMARY OF FACTS
The plaintiffs (respondent) claim was for possession of premises let by respondent to the appellant on a rent of N76.00 per month and mesne profits until possession is given up.
HELD
The Supreme Court held that the owing of rents is a proper and legitimate ground for ejectment of a tenant.
ISSUES
Not Available
RATIONES DECIDENDI
DEFINITION OF MESNE
“The word “mesne” was derived from the Latin word “Medius” meaning middle, intervening or intermediate (see Earl Jowitts: The Dictionary of English Law, 1959 Edition P. 1167). And so a landlord in claiming for “mesne profits” is claiming for the profits intermediate from the date the tenant ought to have given up possession and the date he actually gives up possession. It is therefore damages for trespass the measure of which is the amount the tenant had been paying as rent for the corresponding period when he was lawfully in occupation as a tenant.” Per ANIAGOLU, JSC
CASES CITED
1. Nwosu v. J. Otunola (1974) 1 All NLR 533
2. Bramwell v. Bramwell (1942) 1 All ER 137 at 138
STATUTES REFERRED TO
Rent (Increase Restriction) Law
