In doing so, the court should bear in mind that it has a responsibility not to re-write the Lease Agreement for the parties but simply to give effect to their intention as may be deduced from the language employed by them.
— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609
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From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
Instructively, there is no law making it compulsory for a party in a civil action to appear physically in Court. All that is necessarily required, in the best interest of good administration of justice, is that the day to day judicial schedule (Cause List) of the Court is not stultified or frustrated by non-appearance of a party before it.
– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017
The order of the Court directing the personal attendance of the appellants is an interference with their liberty as provided under Section 35 of the Constitution 1999 (as amended) when there is no law or rules of Court expressly authorizing the infringement.
– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)
And what is more, a lease is an exact legal transaction affecting an estate and the law requires some basic requirements. They are (1) The words of demise. (2) The agreement must be complete. (3) The lessor and the lessee must be clearly identified. (4) The premises and dimensions of the property to be leased must be stated clearly. (5) The commencement and duration of the term of the lease must also be clearly stated. See Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157. In Nlewedim v. Uduma (1995) 6 NWLR (Pt. 402) 383, this court held that a lease to be valid and enforceable, must contain the following (1) The parties concerned. (2) The property involved. (3) The term of years. (4) The rent payable. (5) The commencement date. (6) The term as to covenants and (7) The mode of its determination.
– Tobi JSC. Odutola v. Papersack (2007)
There is authority for the proposition that a person who can take advantage of a contract can sue on it, even if no consideration has moved from him: See Smith and Snipes Hall Farm v. River Douglas Catchment Board (1949) 2 K.B. 500, p.517; Drive Yourself Hire Co. (London) Ltd. V. Strutt (1954)1 Q.B. 250, pp. 271-275.
– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)
By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
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