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AMAKEZE v.ONWUDIWE & ORS

(2013) JELR 36016 (CA)

Court of Appeal 22 Mar 2013 Nigeria
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Suit Number:CA/E/159/2008
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:C. O. I. Agwuna Esq and Chidua Ngene (Miss) For Appellant B. C. Uzuegbu Esq for the 1st respondentEjike Ezenwa Esq with G. Muoneke Esq for the 3rd respondent, with the brief of C.A. Nwokike for the 2nd respondent. For Respondent

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 14th of September, 2006, the appellant herein as plaintiff filed a writ of summons commencing Suit No.HID/193/2006 in the High Court of Anambra State, Idemili Judicial Division at Ogidi against the respondents herein, as defendants claiming for :-

(a) A declaration that the plaintiff is a yearly tenant of the 1st defendant, at the 1st defendant's property situate at and being No. 18 Endwell Street Nkpor, and is accordingly entitled to six months notice, before he could be ejected from the premises.

(b) A declaration that the statutory notices (One month, and 7 days) purportedly issued and served on the plaintiff through posting by the 2nd defendant on the 29th April 2005, is void and of no effect whatsoever.

(c) A declaration that suit No.MID/953/2005 Chief Abel Onwudiwe thru attn. B.C. UZUEGBU and ANOR V. MIKE Amakaeze, together with the judgment and orders made therein, are illegal, void and of no effect whatso…

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