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MR. EKERE MANDU UKPONG v. MR. EFFIONG SIMEON ESOPNDEM & ORS

(2013) JELR 35418 (CA)

Court of Appeal  •  CA/C/232/2011  •  3 Dec 2013  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, Etinan Judicial Division delivered on 29th June, 2010.

In summary, the facts leading to this appeal are as follows: The Appellant, who was the 3rd Respondent in the lower court, is landlord of the property known as and called No 23 Umo Etukudo Street, Etinan. The property was occupied by tenants, which included the 1st Respondent who was the Applicant in the lower court. The Appellant had, sometime in 2008, been issued with a 'Notice to Abate a Nuisance' by the public Health Authority, Etinan as a result of a leaky roof in the property. When the Appellant embarked on repairs of the property, the roof over the 1st Respondent's apartment was removed. There was rainfall on the material date, as a result household items of the 1st Respondent were destroyed. The 1st Respondent lodged a complaint against the Appellant for malicious damage to property bef…

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