EDELSTEIN (NIG) LTD & ANOR
V.
ONUSABA

(2018) JELR 39115 (CA)    

Court of Appeal  ·  CA/A/528/2011 ·  27 Feb 2018 ·  Nigeria
CORAM
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
land
edo state
respondent
trial court
nwlr part
preliminary objection
statement of claim
issues
kogi state
learned trial judge
record of appeal
appeal
requisite jurisdiction
favour of the respondents
jurisdiction of the trial court
decision of the trial court
exhibit c
leading judgment
lease agreement
suit no hau
suit no. hau
alhaji ado ibrahim
auchi high court
determination of this appeal
exhibit dd
said judgment
1st appellant
awareness of the claimants of suit no. hau
evidence of dw1
following grounds
high court of justice auchi
high court okene
independent national electoral commission
judgment of the court
judgment of the kogi state high court
local government area
much ado
oguda lands
okene lga of kogi state
ownership of the land
plaintiff claim
question of jurisdiction
said suit
suit no
terms of the lease agreement
territorial jurisdiction of this court

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kogi State High Court, sitting at Okene; Coram Hon. Justice S.O. Otu, delivered on the 15th day of October, 2010; in Suit No: KGS/OK/23C/2000.

Facts in Brief:

The 1st appellant and the respondent herein entered into a Lease Agreement on 24/07/1992, the Respondent on behalf of the Ehebe family leased to the 1st Appellant's Company portions of their land situated at ORUKUNOBO area of Adogo Oguda in Okene LGA of Kogi State for mining.

The Appellants, who were earlier in compliance with the terms of the Lease Agreement with the Respondent, however stopped paying rent, contending that they cannot continue paying rent since the High Court of Justice Auchi had delivered judgment on the 12th of October 1994, in suit No HAU/45/92 between the appellants and Alhaji Ado Ibrahim and Co., who had claimed ownership of the land, in the said judgment the land in dispute was held to be in Edo State, as …

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