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DIM
V.
ADIBUAH

(2001) JELR 54005 (CA)

Court of Appeal 3 Apr 2001 Nigeria
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Case Details

Suit Number:CA/E/105M/2000
Judges:E. C. UBAEZONU, JCA (Presided and read the Lead Ruling) MUSA DATTIJO MUHAMMAD, JCA
Counsel:Mrs. C. C. Okechukwu (Onaeze & Mrs. Ebele with her) - for the Applicant. -*- Mr. N. Otukwu (with him Ezejiofor & N. N. Itanyi) - for the Respondent.

UBAEZONU, JCA (Delivering the Lead Ruling): The respondent in the appeal and in the motion with which this ruling is concerned, commenced a recovery of premises proceedings in the High Court of Enugu Judicial Division of Enugu State. On the 29th March, 2000 judgment was entered in his favour. The following orders, inter-alia, were made by the trial court vis: “1. The plaintiff do recover the sum of N60,000 from the defendant being arrears of rent for the period July 1994 - June 1996. 2. The plaintiff do recover immediately from the defendant possession of the premises and property known as No. 25 Nike Avenue, G.R.A. Enugu together with the appurtenances thereto. 3. The plaintiff do recover the sum of N272,000 and N88,000 from the defendant being mesne profits resulting from holding A over from July 1996 to April 1999 and May 1999 to March 2000 respectively at N8,000 per month”.

This ruling is largely concerned with the order No. 3 set out above.

Dissatisfied with the said judgment, …

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