(2003) JELR 44889 (CA)    

Court of Appeal  ·  CA/C/51/2001 ·  20 Mar 2003 ·  Nigeria
Other Citations
C. G. de Geophysique v. Etuk [2004] 1 NWLR (Pt.853)20
C. G. de Geophysique v. Etuk (2004) 1 NWLR (Pt. 853) 20
SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Core Terms Beta
conciliation act
akwa ibom state
sole arbitrator
tenancy agreement
arbitration award
own arbitrator
record of appeal
learned trial judge
arbitration law
laws of cross river state
points of law
set aside
applicable laws
circumstances of this case
civil procedure
constitution of the federal republic of nigeria
high court law
land use act
akwa ibom state high court
concurrent legislative list
evidence act
laws of cross river state of nigeria
laws of nigeria
subject matter
arbitration comprising
breach of tenancy agreement
decision of such arbitration
due notice of the arbitral proceedings
earlier appointment
eket high court of akwa ibom state
extensive state of utter disrepair
federal governments
federation government
high court laws
high court rules
intractable problem of appointment of the arbitrators
issue of appointment of the arbitrators
jurisdiction of the court
notice of appointment of sole arbitrator
own award
rules of court
said arbitration award
said tenancy agreement
suit no. hek
trial court

SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant against the ruling of Okon, J., delivered at Eket High Court of Akwa Ibom State in Suit No. HEK/45/94 on the 5th day of April, 2000.

The plaintiff in paragraph 17 of the statement of claim in the suit, claimed from the defendant the following reliefs:

(a) Payment of the sum of N104,038.60 (One hundred and four thousand and thirty eight naira, sixty kobo) being the cost of rehabilitating the (plaintiff's) building and putting same in tenantable condition as stipulated under the Tenancy Agreement.

(b) General aggravated damages at the sum of N 195,961.40 for breach of tenancy agreement.

And the plaintiff claims the total sum of N300,000.00 (three hundred thousand Naira).

According to the statement of claim filed by the plaintiff in the suit, the plaintiff was the owner of a building and premises situate at No.5 Akpanodok Street, Usung Inyang, Eket, within the jurisdiction of the court. The d…

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