The appellants as plaintiffs sued the defendant/company for recovery of possession of the premises at No. 15 Commercial Road. Apapa, Lagos. The defendant/company was the lessee of the premises aforementioned. The rent reserved in the lease was £8,175 or N16,350.00 per annum. The tenancy expired on 30th September 1979. On the 17th October 1979, the plaintiffs served on the defend¬ant/company the usual notice of their intention to recover possession of the premises. The defendant/company did not vacate the premises. The company held over. The plaintiffs then sued for possession and for mesne profits at the rate of N220,000.00 per annum from 1st October, 1979 until possession is given up. At the trial. Abdul R. Debs gave evidence as P.W.1. The Managing Director of the defendant/company, Kovlizek Blastimil, gave evidence for the defence as D.W.1. Apart from P.W.1 and D.W.1, the parties called no further witnesses. The learned trial Judge, Savage, J;, on the evidence before him found for the plaintiffs and ordered the defendant/company "to give up possession of No. 15 Commercial Road, Apapa to the plaintiffs on or before 31st March, 1982 and to pay mesne profits at rate of N165,000-00 per annum with effect from the 1st of October 1979 until session is given up".

The defendant/company apparently aggrieved by the judgment of the trial court m appealed to the Court of Appeal, Lagos Division. One of the original grounds of appeal was:-

The grounds of appeal were later amended. After hearing arguments and sub-missions, the Court of Appeal (Kazeem, Ademola and Nnaemeka-Agu, JJ.C.A.) allowed the appeal and set aside the judgment of the trial court in favour of the plaintiffs.

The plaintiffs have now appealed to this court.