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MR. OGBONNAYA ODOEMELAM & MR. I.C. AMADIUME & ANOR

(2007) JELR 33846 (CA)

Court of Appeal  •  CA/C/133/2004  •  6 Jun 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA; JCA; JEAN OMOKRI; JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered in suit No. FHC/CA/CS/25/2003 by Ajakaiye, J. of the Federal High Court. Calabar division on 7th Oct., 2004.

The appellant operated a bar/shop between the "awaiting and departure lounges" at the Margaret Ekpo international Airport, Calabar as a tenant of the respondents. The respondents initiated the process of ejecting the appellant and terminating the tenancy with the letter No FAAN/500/CAL/Vol. 12 of 16/9/02 addressed by the respondents to the appellant. It appears the process was concluded in Feb. 2003 at the refusal of the respondents to allocate another shop/Bar to the appellant.

Aggrieved by the termination of his tenancy, the appellant issued a writ of summons on 17/3/03 on which were endorsed the following claims jointly and severally against the respondents (then defendants).

"1. An order declaring that the defendants' sudden termination of the plaintiff's tenancy of the bamboo …

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