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CHRISTOPHER AMAH v. FIDELIS OZOULI

(2010) JELR 47209 (CA)

Court of Appeal  •  CA/E/298/2006  •  20 May 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; OLUKA YODE ARIWOOLA JCA; JUMMAI HANATU SANKEY JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Enugu State sitting in its appellate jurisdiction on the decision of Senior Magistrate Court No.2, delivered on the 5th May, 2005 wherein it dismissed the present appellant's appeal before it. The appellant herein was the plaintiff at the Senior Magistrate Court NO.2 (hereinafter to be referred to as the trial court) while the present respondent was the defendant thereat.

At the trial court, i.e the Senior Magistrate Court, the respondent herein as plaintiff filed a complaint against the appellant as defendant claiming as below-

The Plaintiff is entitled to the possession of the premises that is to say A FLAT comprising of one sitting room 3 bedrooms, one kitchen, one bathroom and one toilet with the appurtenances thereto within the premises situate at PLOT 98, Corporative Housing Abakpa Nike in the town of Enugu which was let by the Plaintiff to the defendant f…

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