(2000) JELR 43975 (SC)    

Supreme Court  ·  SC.108/94 ·  4 Feb 2000 ·  Nigeria
Other Citations
Dike v. Aduba (2000) 3 NWLR (Pt.647) 1 (2000) 2 S.C 24
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
Core Terms Beta
chief judge
high court
order of transfer
chief registrar
administrative judge
suit no.
open court
suit no. mo
anambra state high court rules
court of appeal
high court judge
lower court
brother uwaifo
similar action
subject matter
good reasons
inter alia
learned trial judge
nwazota j.
onitsha judicial division
transfer order
abuse of court process
administrative judge of the high court onitsha
alleged tortuous act of the respondents of some magnitude
common ground
decision of the high court
different courts
dr. osira aduba
great length
high court case
interlocutory decision of the court
judicial exercise of discretion
karibi-whyte jsc
leading judgment
mere fact
nwazola j.
order of transfer of the suit
relevant fact
said observation of karibi-whyte jsc
said order
view of some collateral

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…

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