4 entitled to therefore, is mesne profit for the period of occupation after the tenancy had expired. In the case of Agbamu v. Ofili (2004)5 NWLR (pt.867) 540, the court of Appeal defined the term mense profit thus: “Simply defined, mesne profit is only another term for damages for trespass arising from the particular relationship of landlord and tenant.” In Debs & Anor v. Cheico Nig. Ltd (1986)6 SC 179 at 186 – 195, the Supreme court per Oputa JSC (as he then was) puts it thus: “The expression ‘mesne profit’ simply means intermediate profits, that is, profits accruing between two points of time – that is between the date when the defendant ceases to hold the premises as a tenant and the date he gives up possession. Rent is different from mesne profit. Rent is liquidated, mesne profit is not. Rent is operative during the subsistence of the tenancy, while mesne profit starts to run when the tenancy expires and the tenant holds over.” I am for all the reasons advanced, prepared to enter judgment for the Plaintiff as per its amended statement of claim and I so enter. SGD JUDGE 19th February, 2013

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