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BARR. (NZE) LUKE IKECHUKWU MUONANU V. MR. LAZARUS NWAEMELU

(2020) JELR 106972 (CA)

Court of Appeal  •  CA/J/290/2019  •  14 May 2020  •  Nigeria

Coram
TANI YUSUF HASSAN, J.C.A. (Presided) MUDASHIRU NASIRU ONIYANGI, J.C.A. BOLOUKUROMO MOSES UGO, J.C.A. (Read the Leading Judgment)

Judgement

UGO, J.C.A. (Delivering the Leading Judgment): This appealfrom the decision of the High Court of Plateau State in exerciseof its appellate jurisdiction raises an extremely narrow but veryimportant issue as to whether issuance of seven day’s notice ofowners intention by landlord is a pre-condition to initiating actionfor recovery premises in Plateau State, as it is in most states of thiscountry, and failure to issue it is fatal to an action for recovery ofpremises in Plateau State.

The relevant facts of the case are that, appellant, claiming tobe landlord Shop B7 occupied by the respondent situate at No. 35Tafawa Balewa Street, Jos, Plateau State, took out a plaint at theSenior District Court of Plateau State against the respondent for

possession of the said shop from respondent, but he did not issuerespondent any notice of any kind prior to taking out the said plaint.He simply founded his action on a document titled AccommodationLicence signed by the two of them on 15th August 2015 whic…

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