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CHUKWUMA NDIELI & ANOR V. GILBERT EZE

(2016) JELR 48772 (CA)

Court of Appeal  •  CA/E/299/2010  •  13 Dec 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA;

Appearances
B.C. Uzuegbu For Appellant Sir Ejike Ezenwa For Respondent

Judgement
<p>HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice J.J. Nweze of the Anambra State High Court in Suit No. HID/73/1999 delivered on 30/06/2010.</p><p>The Respondent by a Writ of Summons filed on 24/5/99 took out an action against the Appellants wherein he claimed as follows:-</p><p>a. A Declaration that the ousting/ejection of the plaintiff from possession of the 3 Bedroom flat and premises on the second storey (rear side) of No. 18 Endwell Street Nkpor by the defendants without due compliance with the relevant provisions of the Landlords and Tenants Law of Anambra State is unlawful, null and void.</p><p>b. Special damages of N333, 800.00 particulars of which are above</p><p>c. General damages of N1,000,000 (One Million Naira)</p><p>d. An order of Mandatory Injunction restoring the plaintiff to possession of the 3 Bedroom flat and premises referred to in paragraph 16(i) supra and in alternative to paragraph 27 (ii).</p><p>e. An order directing the defend…</p>

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