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SAMUEL NDEFO v. JOSEPH OKENEKE OBIESIE & ORS.

(2000) JELR 44082 (CA)

Court of Appeal  •  CA/B/153/95  •  6 Apr 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RAPHAEL OLUFEMI ROWLAND JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): The focal point in this appeal is whether the appellant disclosed a cause of action against the respondents in suit No.W/357/92 which he instituted at the Warri High Court. The facts which are quite straight forward may be briefly stated as follows:-

The appellant in this appeal was a tenant of the 1st defendant/respondent. Following the judgment by the Warri Customary Court 2, presided over by the 3rd defendant/respondent together with the 4th and 5th defendants/respondents as members in suit No.WACC/300/92 delivered on 30th day of June, 1992, the plaintiff/ appellant was ordered to vacate and deliver up possession of the two rooms he occupied as tenant to the landlord ON OR BEFORE THE 31ST DAY OF JULY, 1992. The plaintiff was evicted from the two rooms by the 6th defendant/respondent (Bailiff of Court) on 31st July, 1992 acting upon an order of possession signed by the 3rd respondent.

The plaintiff then sued the defendants in suit N…

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