EMEKA AKAS V. THE MANAGER AND RECEIVER OF THE ESTATE OF BENJAMIN GILLETT ANWADIKE, THE ASSISTANT CHIEF REGISTRAR, ONITSHA JUDICIAL DIVISION

OLAGUNJU, JCA (Delivering the Lead Judgment): The respondent is an Assistant Chief Registrar of the Onitsha Judicial Division of the Anambra State High Court. In July 1996 he was appointed by the court as the Manager and Receiver of the Estate of Benjamin Gillett Anwadike situate at No. 14, Bright Street/Ogalonye Street, Onitsha, on the property where the appellant was a tenant. In the capacity of the Manager and Receiver of the estate, the respondent sued the appellant in the same Division of the High Court where he was serving as the Assistant Chief Registrar in an action headed “The Manager and Receiver of the Estate of Benjamin Gillett Anwadike, the Assistant Chief Registrar, Onitsha Judicial Division v. Emeka Akas”. In his statement of claim the respondent asked for 3 reliefs, viz, possession of the premises, arrears of rent of N240,000 and mesne profit of N10,000 per month.

Upon service of the writ of summons on the appellant, he entered a conditional appearance by his counsel …