BEN AGWUEGBO V. SAM DAN KAGOMA

MOHAMMED, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Abiriyi, J. of the Kaduna State High Court of Justice, Kaduna delivered on 25/11/96 granting an order of certiorari quashing the judgment of the Kaduna State Rent Tribunal No.2 of 27/8/96. The appellant as the plaintiff before the Rent Tribunal dragged the respondent as the defendant to recover a rented premises known as No. 1 Old Market Road, Barnawa, Kaduna and arrears of rent. At the end of the proceedings before the Rent Tribunal, the respondent was ordered to vacate the rented premises and pay arrears of rent. In addition, the Rent Tribunal without any relief claimed before it by the appellant as the plaintiff, also suo motu made the following order convicting and sentencing the respondent for an offence punishable under section 20(2) of the Rent Control and the Recovery of Premises (Amendment) Edict, 1996. The order at page 8 of the record reads:-

"The Tribunal will not close its eyes to the…