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CHIEF ZION NWADIKE & ORS V. AWKA SOUTH LOCAL GOVERNMENT

(2008) JELR 46812 (CA)

Court of Appeal  •  CA/E/29/2007  •  6 Mar 2008  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; MOHAMMED LADAN TSAMIYA JCA; SOTONYE DENTON-WEST JCA;

Judgement

MOHAMMED L. TSAMIYA, J.C.A. (Delivered the Leading Judgment): This is an appeal against the final decision of the Anambra State High Court, delivered on 25/9/2006 in suit NO.A/169/2000.

The plaintiffs, as tenants, have their shops and stores for building materials situate at Arthur Eze Avenue Market, Awka. The defendants, as Land lord to the plaintiffs, initiated the process of re-locating the plaintiffs from the said market premises to another proposed building materials Market, at Umuokpu, Awka, by serving on the plaintiffs what was called public notice, dated 9/8/2000. The notice served on them gave the plaintiffs less than one week to move out the said Arthur Eze Avenue Market premises.

Dissatisfied with the less than one week time within which to move out, the plaintiffs instructed their counsel to write to the defendant a one Month statutory notice, which was dated 22/2/99. In the said notice, the plaintiffs inform the defendant of their intention to sue the defendant over the …

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