MR. S.P.C EGBUNA V. ANTHONY CHUKWUELUE & ORS

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, Nnewi Judicial Division, delivered by Hon. Justice C. O. Nweke on 31/5/2006.

The facts leading to this appeal are that the 1st Respondent sought for an order of certiorari at the lower Court compelling the 2nd and 3rd Respondents to bring before the Court, the records and decision of the 2nd Respondent in Suit No. NMC/100/2004 for the purpose of being quashed on the ground that the judgment was entered without jurisdiction and in breach of the rules of natural justice. The Magistrates Court had granted possession to the Appellant against the 1st Respondent as well as arrears of rent of N12,000.00 (Twelve Thousand Naira) and mesne profit of N1,000.00 (One Thousand Naira) from May 2004 until delivery of possession.

The lower Court in a considered judgment quashed the decision of the Magistrates Court, Nnewi delivered on 29/6/2004 in Suit No. NMC/…