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MRS. LILY UYANNE VS OFOR ASIKA

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MRS. LILY UYANNE VS OFOR ASIKA

Legalpedia Citation: (1975) Legalpedia (SC) 16021

In the Supreme Court of Nigeria

Fri Apr 11, 1975

Suit Number: SC. 421/1974

CORAM


TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT


PARTIES


MRS. LILY UYANNE (Suing for herself and on behalf of the wives and children of late J.N. Uyanne of Onitsha) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The plaintiffs claim against the defendant is for the sum of £120 being arrears of rent in respect of the property situate at No.10, Iweka Road, Onitsha at £15 a month. The defendants, who carries on business an Architect, Quantity Surveyor and Building Contractor on the property, responded that according to the East-Central State Edict No. 10 of 1970 the maximum rent fixed by the Edict for any flat or house in a Disaster Area was £3 per month.


HELD


The Supreme Court held that the Vacant Premises (Reoccupation Provisions) Edict No. 10 of 1970 applies only to residential accommodation and not to “business premises”.


ISSUES


Whether the said property at No.10, Iweka Road, Onitsha is a business premises for the purpose of the East-Central State Edict No. 10 of 1970 entitled Vacant Premises (Reoccupation Provisions).


RATIONES DECIDENDI


CLAIM AGAINST ARREARS OF RENT


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CASES CITED



STATUTES REFERRED TO


The East-Central State Edict No. 10 of 1970

The East-Central State Edict No. 4 of 1973


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