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ABADA & ORS v. UBREYE & ORS

(2022) JELR 109941 (CA)

Court of Appeal  •  CA/AS/221/2016  •  25 Mar 2022  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma Joseph Eyo Ekanem Abimbola Osarugue Obaseki-Adejumo

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The respondents, as claimants, filed an originating summons at the High Court of Delta State, Effurun Judicial Division (the trial Court) raising the following questions for the determination of the trial Court: 

"1. Whether claimants going by Clause 4(iii) of Exhibit A so attached to the affidavit in support of this summons and all relevant facts so contained on the affidavit, are entitled in law to so exercise their rights to determine Exhibit A, upon fundamental breaches of Clauses 2, 3 and 4(ii) of Exhibit A by the defendants? 

2. WHETHER flowing from 1 above if determined in the affirmative, the Claimants are now in law free to enter the demised land and take back possession, the DEED OF SUB-LEASE having been declared null and void." 

The respondents sought the following reliefs from the trial Court: 

1. A DECLARATION that the sub-lease agreement as evidenced as EXHIBIT A before this Honourable Court is in law duly determin…

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