The appellant sued the respondent in the High Court claiming the following reliefs per his writ of summons: -
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1
For an order directing the defendant to pay a total sum of N113, 116.11 for breach of contract in respect of plaintiff's property at Plot 6, Suara Yusuf Layout, Ring Road, Ibadan, which the defendant occupied from (sic) on a yearly rent paying N12, 500.00 per annum.
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a
Arrears of rent for 4 years at N12, 500.00 p.a. N50, 000.00
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b
Damages by way of interest charged By National Bank of Nigeria Limited as a Result of failure to pay on the due date. N22, 143.61
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c
1 year rent in lieu of notice N12, 500.00
C/F N84, 643.61
B/F N84, 643.61
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d
Cost of repairs and renovation to the Property as per valuer's estimate of 27/7/87 N28, 472.50
TOTAL N113, 116.11
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2
The plaintiff claims interest at the rate of 15% from date of writ till payments and costs."
Respondent consented to judgment in relation to item (a) of the appellant claim withdrew item (c) of the claim leaving items (b) and (d) of the claim to be disputed.
later, an agreement was arrived at by the parties in respect of item (d) which was made an order of the court Item (b) of the claim thus became the only outstanding issue.
In a reserved judgment trial Judge dismissed the claim. Appellant dissatisfied with the judgment appealed to the Court of Appeal
