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CLIFFORD IBEMERE V. JOSEPH ANINI OKPALA (BY HIS ATTORNEY HILLARY OKEKE)

(2001) JELR 56486 (CA)

Court of Appeal  •  CA/PH/154/97  •  10 Dec 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA (Read the Lead Judgment) ABOYI JOHN IKONGBEH, JCA

Appearances
O.D. Opara, Esq. - for the Appellant. -*- O.D.Odum (Mrs.) (with her, A.N. Uzoma (Miss)) - for the Respondent.

Judgement

AKPIROROH, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Owerri High Court delivered in Owerri on 9th January, 1996 in Suit No. HOW/11/88. The claim of the respondent in the court below as plaintiff is as follows:- “Wherefore the plaintiff claims against the defendant the sum of N4,950.00 being arrears for the 2 flats of 3 bedrooms each, a single room and a warehouse with appurtenances he occupies at the plaintiff’s house at No. 4 Amadi Street, Owerri. DATED THIS 29th day of July, 1988.” A The appellant’s case was that the respondent sued him by his purported Attorney, Hillary Okeke at the Owerri High Court claiming the sum of N4,950.00 being unpaid arrears of rent for two flats of three bedroom each, one single room and a warehouse with appurtenances at No. 4, Amadi Street, Owerri. The action was brought under the undefended list and following the application of intention to defend, the appellant was granted leave to defend the action. They filed…

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