LAWRENCE OLU-IBUKUN & ANOR V. ADESOLA A. OLU-IBUKUN
August 12, 2025OMOSOHWOFA EBOH & ANOR V. WILLIE OKI & ORS
August 12, 2025Legalpedia Citation: (1974-02) Legalpedia (SC) 14411
In the Supreme Court of Nigeria
Fri Feb 8, 1974
Suit Number: SC. 170/1968
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
I. A. O. ADEBAJO
APPELLANTS
TENNESSEE NIGERIA INC
RESPONDENTS
AREA(S) OF LAW
RECOVERY OF PREMISES-BREACH OF CONTRACT
SUMMARY OF FACTS
The Plaintiff sued the defendant for recovery of possession and for use and possession of the premises and for breach of contract. The appealed against the non-suit by the trial judge.
HELD
The appeal succeeds and it is allowed. The judgment non suiting the plaintiff was set aside.
ISSUES
Whether the respondent was liable to pay for use and possession of the premises when he was not in occupation.
RATIONES DECIDENDI
WHERE TENANT HOLDS OVER AFTER EXPIRATION OF LEASE
Where a tenant held over after the expiration of the lease he is liable to pay the landlord an amount adjudged by the court to be due for the use and occupation of the premises concerned. Per Elias CJN.
CASES CITED
(1) Fasheun vs. Phanco (Nig) Ltd Suit N0 CD/326/66
STATUTES REFERRED TO
Halburys Laws of England 3rd Edition N0 1 23 par. 1229
