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WEMABOD ESTATES LTD. v. JOYLAND LTD

(2001) JELR 44303 (CA)

Court of Appeal  •  CA/L/14M/98  •  11 Jun 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Rhodes-Vivour J. of the Lagos State High Court delivered on 14/2/97 No. CA/2/97 quashing the judgment of Senior Magistrate Grade 1 delivered on 24/10/96 in Suit No. MCA/1654/96 together with warrant of possession dated 6/11/96.

The appellant, as plaintiff in the Magistrates' Court claimed for possession, arrears of rent and mesne profit in respect of the premises known as NO.12 - 14 Ashanti Street Apapa, Lagos State. The case was undefended and judgment was given in favour of the plaintiff and execution of warrant of possession was carried out.

The respondent thereafter brought an application in the High Court for order of certiorari to quash the judgment of the Senior Magistrate Grade 1, including the warrant of possession on the ground that the court exceeded its civil monetary jurisdiction of N15,000 in respect of annual rental value of the said premises.

The High Court granted the order of ce…

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