(1998) JELR 45553 (CA)    

Court of Appeal  ·  CA/B/18/96 ·  16 Jul 1998 ·  Nigeria
Other Citations
Erhunmunse v. Ehanire(1998) 10 NWLR (Pt.568)
Erhunmunse v. Ehanire (1998) 10 NWLR (Pt. 568) 53
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
benin city
issue of title
no.3 osagie street
oredo area customary court
urban area
trial court
area customary court
rent control
st. saviour road
exclusive jurisdiction
leading judgment
commencement of the action
content of exhibit
defence counsel
document of title
edo state high court
high court
mere fact
plaintiffs claim
above reasons
claim of the respondent
contention of the respondent
determination of the case
exhibits b
following cases
instant case exhibit
issue of jurisdiction
issue of lack of jurisdiction
judgment of the appellate high court
land matters
learned counsel
legal title
occupier of a house
possession of the storey building
question of ownership
respect of the said premises
said building
storey building
suit no.
then governor of bendel state
trial area customary court
urban area designation edict

ROWLAND, J.C.A. (Delivering the Leading Judgment): The appellant was the defendant and the respondent was the plaintiff in suit No. OR/ACC/86R/87 filed and tried at the Oredo Area Customary Court, Benin City.

The plaintiffs claim against the defendant at the Area Customary Court is as follows:-

"(a) Possession of the storey building known and situate at NO.3 Osagie Street, Benin City.

(b) An order that the defendant do quit the storey building and premises known as and situate at No.3 Osagie Street, Benin City forthwith.

(c) An order that the defendant pay up outstanding electricity bills and water rate in respect of the said premises.

(d) Mesne profit at the rate of N400.00 per month from 1st March, 1986 till possession is given up."

The plaintiff testified and called four witnesses while the defendant also testified and called three witnesses.

During the trial the defence counsel addressed the court and raised the issue of lack of jurisdiction in the trial court in that the case is …

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