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EDET
V.
MATTHIAS

(2007) JELR 48712 (CA)

Court of Appeal 11 Dec 2007 Nigeria
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Case Details

Suit Number:CA/B/163/2004
Judges:STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Counsel:D.O. ECHO ESQ For Appellant J.O. OWEIBO with him O.A. OBELIKPEYA ESQ. For Respondent
Other Citations:(2007) JELR 56453 (CA)

STANLEY SHENKO ALAGOA ,J.C.A(Delivering the Leading Judgment): This is an appeal against the ruling of S.A. Ehiwario. J of the Warri High Court in Suit No. W/188/99 GRACE EDET V. IWOH MATHIAS and ORS delivered on the 9th June 2003 in which he declined jurisdiction to entertain the matter for what {he learned trial Judge referred to as, "a matter properly reserved for the Rent Tribunal as a court of first instance." The facts leading to this appeal are that by a writ of summons issued on the 20th June 1999, the Appellant as \Plaintiff claimed against the Respondents as Defendants as follows -

1. A Declaration that the Quit Notices issued and served on the Plaintiff by the Defendants to vacate and/or quit the two bedroom apartment situate, lying and being at the Senior/Ministers Quarters at God's Kingdom Society, Salem City, Warri are unlawful, illegal, unconstitutional, null and void and of no effect whatsoever.

2. An Order of perpetual injunction restraining the Defendants, their empl…

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