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FRANCIS NEBEDUM v. CHIEF MAGISTRATE B. A. LABISI & ANOR.

(2000) JELR 44190 (CA)

Court of Appeal  •  CA/L/111M/95  •  27 Mar 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The 2nd respondent as plaintiff before the Magistrate Court, Court 1, Apapa in Suit No. MCA/302/91, brought a claim against the appellant as the defendant for arrears of rent and possession in respect of a flat situated at 59, Oluwa Street, Olodi, Ajegunle which the appellant was alleged to have occupied as the tenant of 2nd respondent.

The records of court show that on 21/3/91, the appellant pleaded liable to the claim for arrears for the rent but resisted the claim for possession. Judgment was accordingly given against the appellant for the sum of N2,400.00k being arrears of rent. The claim for possession was adjourned to 2/5/91.

The appellant later brought notice of preliminary objection before the learned Magistrate contending that the court had no jurisdiction to hear the suit. The ground for the notice of preliminary objection was stated thus:

"That this suit not being a Landlord/Tenant matter simpliciter but a matter which bo…

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