BHOJSONS PLC V. GEOFFREY DANIEL-KALIO

IKONGBEH, JCA.: (Delivering the Lead Judgment) The appellant company was, until 4/10/93, the tenant in the respondent’s premises at No. 25, Aba Road, Port Harcourt. The appellant was evicted in execution of the order of the RiversState Rent Tribunal. The appellant was not satisfied with the circumstances of the making of the eviction order and the manner of its execution. It, therefore, commenced an action against the respondent before the Rivers State High Court claiming -

“(1) A declaration that the execution of judgment levied against the plaintiff by the defendant on the 4th day of October, 1993 at No. 25, Aba Road, Port Harcourt within the jurisdiction of the Honourable Court, pursuant to the judgment delivered the same day, 4th October, 1993 in Suit No. PRT/1041/92 was wrongful, illegal and, therefore, null and void and should be set aside.

(2) The sum of N50,000,000.00 (Fifty Million Naira) being special and general damages for loss suffered by the plaintiff by reason of the wr…