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…

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