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MADAM AKON IYOHO V. E. P. E. EFFIONG ESQ.

(2007) JELR 33363 (SC)

Supreme Court  •  SC.326/2001  •  27 Apr 2007  •  Nigeria

Coram
UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): The suit from which this appeal emanated originated in the Rent Control , Calabar, Cross River State, which ordered the appellant then the defendant to give up possession of House No. 3B Archibong Eso Lane, Calabar, in suit No. CRT/17/97. The respondents had instituted an action for arrears of rent and to recover possession from the appellant, who was his tenant. The appellant sought that the judgment be set aside, but she did not wait for the application to be heard when she filed an application for certiorari in the High Court , seeking that the judgment in CRT/ 17/97 be quashed, and she restored to possession of the premises. She granted leave and restored to possession by order of the High Court . Consequently, the respondent filed and moved an application to strike out suit No. C/MSC68/98 in which she sought for leave for an order of certiorari, but the trial Judge dismissed the application. Unhappy with the turn of event, t…

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