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CHINEDU MUOKEBE v. ALHAJI BALA HARUNA

(2014) JELR 36247 (CA)

Court of Appeal  •  CA/C/106/2013  •  6 Nov 2014  •  Nigeria

Coram
ONYEKACHI A. OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH JUDE JELLA JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice E.O. Abua in suit No. HD/3A/2012 delivered on the 27th day of March, 2013. Upon being dissatisfied with the said judgment, the Appellant has appealed to this Court.

The facts of this case are that the Respondent as Plaintiff in the lower Court on the 3rd day of May, 2012 took out summons previously at the Chief Magistrate Court, Obudu in suit No. MOD/R.6/2012 against the Appellant as Defendant to give up possession of a filling station situate at No. 1 Anderson Street, Obudu to the Respondent upon the termination of the lease agreement entered into by the parties on the 14th of May, 2011. The Appellant thereupon filed a Preliminary Objection to the competency of the suit which said objection was taken together with the suit on the merit by the Learned Chief Magistrate on the 4th day of September, 2012, and judgment was entered against the Appellant. There upon, he filed a …

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