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…It must be based on commonsense and legal principles. To succeed an applicant must, firstly, show a prima facie case in the suit with a probability of succeeding when it will come for hearing.…

…I am of the view that being a holder of a title to the suit premises the Applicant is entitled to the protection under the law pending the determination of the dispute between the parties but within the laid down legal principles…

…It is worthy of note that according to Simon’s Taxes, Part B, 3rd Edition, page 599, on general principles, legal expenses incurred in acquiring a lease or in the renewal of a lease are capital expenditure are not allowable…

…The question then concerns the legal principles to be applied.…

…In my view, applying the legal principles which are summarised above, the resident magistrate was wrong in refusing to set aside the ex parte judgment, and the learned judge was wrong in not allowing the appeal.…