MRS. GRACE EDET V. IWOH MATTHIAS & ORS
(2007) JELR 48712 (CA)
Court of Appeal
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CA/B/163/2004
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11 Dec 2007
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Nigeria
Coram
STANLEY SHENKO ALAGOA JCA;
GEORGE OLADEINDE SHOREMI JCA;
ALI ABUBAKAR BABANDI GUMEL JCA;
Appearances
D.O. ECHO ESQ For Appellant
J.O. OWEIBO with him O.A. OBELIKPEYA ESQ. For Respondent
Judgement
<p>STANLEY SHENKO ALAGOA ,J.C.A(Delivering the Leading Judgment): This is an appeal against the ruling of S.A. Ehiwario. J of the Warri High Court in Suit No. W/188/99 GRACE EDET V. IWOH MATHIAS and ORS delivered on the 9th June 2003 in which he declined jurisdiction to entertain the matter for what {he learned trial Judge referred to as, "a matter properly reserved for the Rent Tribunal as a court of first instance." The facts leading to this appeal are that by a writ of summons issued on the 20th June 1999, the Appellant as \Plaintiff claimed against the Respondents as Defendants as follows -</p><p> 1. A Declaration that the Quit Notices issued and served on the Plaintiff by the Defendants to vacate and/or quit the two bedroom apartment situate, lying and being at the Senior/Ministers Quarters at God's Kingdom Society, Salem City, Warri are unlawful, illegal, unconstitutional, null and void and of no effect whatsoever.</p><p> 2. An Order of perpetual injunction restraining the Defendants, their empl…</p>