ANSA
V.
NTUK

(2008) JELR 51165 (CA)

Court of Appeal · CA/C/75/2006 · 7 Jul 2008 · Nigeria
·

Other Citations

Ansa v. Ntuk (2009) 9 NWLR (Pt. 1147) 557

CORAM

NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA (Read the Lead Judgment) MOJEED ADEKUNLE OWOADE JCA

Core Terms ^Beta

1st respondent

2nd respondent

evidence

issues

suit no. c

grounds of appeal

trial court

respondents

subject matter

2nd respondents

statement of defence

statement of claim

2nd defendants

appellants’ claims

evidence of pw1

instant appeal

issue no. b

credible evidence

favour of the 1st respondent

issue no.

judgment of the trial court

main issue

oral evidence

claim of the appellants

exhibit h

facts of this case

favour of a party

lead judgment

learned trial judge

previous suit

addresses of counsel

appellants’ brief

claims of the appellants

contradictory evidence

course of the cross-examination

cross river state high court

exhibit g

exhibits a-f.

favour of the respondents

fundamental terms of the lease agreement

high court of cross river state

judgment of the learned trial judge

party need

proper parties

respect of the 1st respondent

said suit no. c

subject matter of the litigation

such breach

writ isa condition precedent

OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the decision of W.S.N. Onnoghen, (as he then was) sitting at the High Court of Cross River State, Calabar, in suit No. C/23/91 delivered on the 18 December 1997 where the appellants’ claims against the respondents were dismissed with N5,000.00 (five thousand naira) costs awarded in favour of the respondents. The appellants who were plaintiffs at the trial court instituted proceedings in a representative capacity against the respondents claiming under paragraph 18 of the statement of claim as follows:

“1. A declaration that the defendants have breached fundamental terms of the lease agreement dated 26 November 1974 and registered as No. 64 at page 64 in Volume 116 of the Lands

Registry, Calabar and by such breach have forfeited their right to possession and/or occupation and/or whatever rights conveyed by the lease. An order cancelling the said lease and declaring the plaintiffs as proper parties entitled to the Certi…

ANSA V. NTUK

ANSA
V.
NTUK