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 …

EHANIRE V. ERHUNMWUSE

EHANIRE
V.
ERHUNMWUSE