EHANIRE
V.
ERHUNMWUSE

(2007) JELR 45525 (CA)    

Court of Appeal  ·  CA/B/70/2006 ·  13 Jul 2007 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
counsel
appellant
respondent
appeal
cause of action
statement of defence
high court
preliminary objection
supreme court
learned trial judge
grounds of appeal
issues
lower court
amended statement of claim
ruling of the lower court
bendel state
pendency of an action
record of appeal
decision of the supreme court
notice of appeal
suit no. b
appellant abandoned ground
case of nnpc v. sel
cases of akibu v. oduntan
competence of issue
counsel chief d.o. okoh
counsel chief okoh
counsel mr. k.e. mozia
emiator v. nigeria army
exceptions of the law of limitation
formulated issues
good state of tenantable repairs
hearing of this case
honourable court
intriguing circumstances of this case
judgment of hon. justice
leading judgment
learned counsel
limitation law
main issue
oredo area customary court
points of law
statutory period
thorough survey of the state of the pleadings
time runs
virtue of the provision of the limitation law
way of a preliminary objection

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice, J. I. Acha of the Benin Division of the Edo State High Court in Suit No. B/360/2003. By an Amended Statement of Claim dated 3rd May, 2004, the appellant, as plaintiff before the lower Court, claimed the following reliefs, namely: -

1. A declaration that the continuous detention of the building and premises known as No.3 Osagie Street, Off St. Saviour Road, Benin City within the Benin City Judicial Division from the plaintiff by the Defendant is wrongful;

2. An order directing the defendant to quit the building and premises known as No.3 Osagie Street, Off St. Saviour road, Benin City, forthwith;

3. An order directing the defendant to put the building and premises in a good state of tenantable repairs before vacating same;

4. N10,000,000.00 (Ten Million Naira) being general damages for unlawful detention and/or usage; and

5. Perpetual injunction restraining the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login