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BENJAMIN ELUKPO v. KADUNA STATE DEVELOPMENT AND PROPERTY COMPANY LIMITED & ORS

(2017) JELR 33312 (CA)

Court of Appeal  •  CA/K/143/2011  •  28 Feb 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA OBIETONBARA O. DANIEL-KALIO JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA

Judgement


IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice (the lower Court) in Suit, No. KDH/KAD/101/2010, delivered on the 22nd of November, 2010, by Abiriyi, J. (as he then was).

Briefly, the background facts of the case is that the appellant entered into an Owner/Occupier agreement with the 1st respondent in respect of a house. He paid various sums of money to the 1st respondent for the aforesaid owner/occupier Agreement. The 1st respondent established Rent Tribunal to recover rents due and where appropriate to eject those who were in default of the payments of rents in respect of houses they were occupying. The 2nd respondent was appointed the Chairman of the Rent Tribunal.

The appellant was alleged to be a defaulter, hence his ejection by the Rent Tribunal. He sought and obtained an order of certiorari to squash the ejection order of the Rent Tribunal at the High Court of Justice in Suit No. KDH/…

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