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(2018) JELR 39138 (CA)    

Court of Appeal  ·  CA/J/162/2017 ·  29 Mar 2018 ·  Nigeria
CORAM
ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
respondent
lower court
trial court
instant case
preliminary objection
deputy sheriff
grounds of appeal
writ of summons
denial of fair hearing
record of appeal
plateau state
default judgment of this honourable court
notice of appeal
contention of the learned counsel
learned counsel
paras a-c
paras f-h
said execution
trial district court
appeal no. pld
appellants counsel
appellants premises
case file
case of eboade v. atomesin
case of lipede v. sonekan
case of sheriff v. p.d.p.
conduct of the respondent
decision of the plateau state high court of justice
default judgment of this hon. court
facts of the case
further execution of judgment
general electric co. v. akande
hearing date
high court of plateau state
issue no.1 of the appellants issues
leading judgment
learned judges of the lower court
n.n.p.c. v. famfa oil ltd.
notices of the said dates
paras b-a.
paras b-g.
paras e-h. learned counsel
proof of service
respective briefs of argument
rules of court
said tenancy
senior district court jos
tenant of the appellant
total lack of jurisdiction

ADAMU JAURO, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the decision of the Plateau State High Court of Justice sitting on appeal, coram Hon. Justice David G. Mann and Hon. Justice N.L. Musa in Appeal No. PLD/J51A/2016 delivered on the 7th day of October, 2016.

The facts of the case that gave rise to this appeal as can be gleaned from the record of appeal was that, the respondent was a tenant of the appellant occupying an office accommodation in Jos, Plateau State. On the 23rd December, 2011, the tenancy expired but the respondent refused to renew the said tenancy by paying the rent and also refused to vacate the appellants premises. Dissatisfied with the conduct of the respondent, the appellant took out a writ of summons issued by the Senior District Court Jos, Plateau State against the respondent. The writ of summons was served on the respondent on the 3rd April, 2012 through its Secretary. On the 3rd May, 2012, the case was first mentioned before the trial Di…

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