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MRS. VICTORIA MUOKWE v. MR. ANTHONY OSUKE

(2017) JELR 37753 (CA)

Court of Appeal  •  CA/E/557/2013  •  10 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The respondent had claimed in Suit No. MAW/235/2006 at the Magistrate Court, Awka, Anambra State, the following reliefs, to wit:

(a) Possession of three stores and three rooms apartment with premises and appurtenances situate at No. 37A Nnamdi Azikiwe Avenue, Amawbia,

(b) Arrears of rent at the rate of N2,000.00 per month from October, 2005 to September, 2006 totaling N24,000.00,

(c) Mesne profit at the rate of N2,000. Per month from October, 2006 till possession is given up.

The action proceeded to full trial and at the end, the learned Magistrate, found for the respondent and entered judgment for him, accordingly on 15th March, 2012. The appellant was aggrieved with the decision against him and approached the Anambra State High Court, in its appellate jurisdiction, sitting at Awka. Learned counsel to the parties in that Court, hereinafter referred to simply as the Court below, filed and exchanged their respective written addre…

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