NIGERIAN AGRICULTURAL CREDIT & RURAL DEVELOPMENT BANK LTD V. CHEF AUSTIN IWUOHA

STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Port-Harcourt Judicial Division, delivered on February 25th 2010, in Appeal No: CA/PH/42/2007. In its decision, the lower Court upheld the appeal of the respondent against the ruling of the Rivers State High Court in Suit No: PHC/1679/2004, which was delivered on May 15, 2006. The trial Court had previously ruled in favour of the appellant, wherein it declined jurisdiction to entertain the suit of the respondent and accordingly struck same out for lack of territorial jurisdiction.

The facts of this case are summarized thus.

The respondent herein was the landlord of a Block of Flats situate at No. 114/116 Uwalaka Street, Umuahia, Abia State. The appellant was a tenant in two of the said flats. In February, 2004, the appellant surprisingly without the knowledge of the respondent vacated the premises without notice to the landlord and his solicitor or caretaker. Upon inspe…