EKWEREKWU V. EGBOCHE

AMMIRU SANUSI, J.C.A. (Delivered by the Leading Judgment): At the Chief Magistrate Court Onitsha. (hereinafter called the trial Court) the respondent as plaintiff' thereat, instituted an action against the present appellant as defendant thereat claiming the under-mentioned reliefs:

"(a) Possession of the three bedroom flat with premises and appurtenances situate at No.50A Water Works Road, Onitsha.

(b) Mesne Profit at the rate of N5,000.00 (five thousand Naira) only per month from July 2005 until possession is given.

(c) An order directing a refund of the sum still outstanding, to the defendant by the plaintiff as at the time possession is given up, after deducting all mesne profits up to date."

When served with the plaint of the plaintiff the defendant, now appellant filed a Preliminary Objection by way of motion on notice challenging the jurisdiction of the trial court to entertain and determines such suit. The plaintiff (now respondent) responded to the motion raising Preliminary O…