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CREDIT ALLIANCE FINANCIAL SERVICES LTD. V. ANTOINE MALLAH (suing by his attorney, Emmanuel Ayodele)

(1998) JELR 45324 (CA)

Court of Appeal  •  CA/L/110M/94  •  2 Jul 1998  •  Nigeria

Coram
EMMANUEL OLAYINKA AYOOLA JCA; MORONKEJI OMOTAYO ONALAJA JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;

Judgement

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff had instituted action against the defendant now known as the appellant claiming as follows in his pleadings:

"(a) A declaration that the possession of flat 2 at No.2B Obadeyi Close, S. W. Ikoyi is unlawful as same was without the knowledge and/or consent of the plaintiff.

(b) The sum of four hundred naira (N400,000.00) being damages for the unlawful use and occupation of the said flat and furniture therein.

(c) Perpetual injunction restraining the defendant, its servants, agents and/or privies from continuing their unlawful acts by immediately vacating the premises and restoring all the furniture to reasonable state of repairs."

The appellant filed a motion for extension for leave to file its statement of defence and it was granted. On 19/10/93 the defendant was absent in court and the trial proceeded with the hearing of the evidence of one Emmanuel Ayodele a done of the power of the attorney who des…

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