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I. F. WAKWAH & ORS. V. S. A. I. OSSAI

(2001) JELR 44311 (CA)

Court of Appeal  •  CA/PH/46/96  •  26 Mar 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ichoku J. (as he then was) of the Rivers State High Court holden at Port Harcourt, delivered on 9/6/93 and 3rd February, 1993 in suit No. PHC/312/92.

By originating summons, the respondents claimed against the appellants who were tenants in his property situate at No. 61 Ikwerre Road, Port Harcourt the following relief:

"An order of this Honourable Court directing all the defendants to pay their arrears of rents and mense profits into the High Court Registry forthwith and in default of such payments to deliver up vacant possession of the premises forthwith."

The appellants' case put briefly is that they were tenants at No. 61, Ikwerre Road, Port Harcourt, which property is in dispute between one Chief Uche (the builder and the owner of the house) and the respondent (who claimed to have acquired the house through an abandoned property deal). The dispute over the house is still pending beforeā€¦

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