UWAIFO, J.S.C.: (Delivering the Leading Judgment): Two actions were pending in different courts between the same parties. One was earlier filed by the respondents as suit No. MO/660/92 in the Magistrates' Court. Onitsha. The other was filed by the appellants as suit No. 0/390/92 in the High Court, Onitsha. Although both were in respect of the same subject matter, namely, the tenancy of a flat and out-houses at No. 42 Mba Road, Inland Town, Onitsha, the suit in the High Court raised more issues than that in the Magistrates' Court which merely sought possession and mense profits on the ground that the yearly tenancy had been duly determined. But the High Court case seems to suggest that the appellants had ceased to be mere tenants in view of some collateral contractual considerations and an alleged tortuous act of the respondents of some magnitude in connection with the property. The claim was for a number of reliefs, including special and general damages of N900,000.00 and an order for…
DIKE & ORS.
V.
ADUBA & ANOR.
(2000) JELR 43975 (SC)
Supreme Court 4 Feb 2000 Nigeria
Case
Citing Cases 12
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Case Details
Suit Number:SC.108/94
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
UMARU ATU KALGO Justice of The Supreme Court of Nigeria
SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:Dr. J.I.J Otuka (with him, Juliet Achebe) For Appellant
Nnamdi Ibegbu, Esq. For Respondent
Other Citations:Dike v. Aduba (2000) 3 NWLR (Pt.647) 1 (2000) 2 S.C 24
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