(2005) JELR 45145 (CA)    

Court of Appeal  ·  CA/J/14/2000 ·  29 Jun 2005 ·  Nigeria
Other Citations
GBASHA V. LOVEBET (NIG.) LTD.(2005) 15 NWLR (Pt.949) 551
AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
learned trial judge
grounds of appeal
jacob damjor street
high court
supreme court
amended statement of claim
benue state
interlocutory injunction
possession of the premises
breach of the tenancy agreement of 2nd january
following orders
hotel day
interlocutory reliefs
legal right
lower court
motion no
open no
oral argument
premises of the said hotel
rampageous acts
receipt no
time of his application
determination of the arbitration case
different case
disturbance of the business threat
further orders
grant of a main relief
grant of an ancillary
law make
learned trial high court
notice of this court
nwlr pt
order of the trial court
record of this appeal
rules of this court
ruling of the high court of benue state
suit no.
twelve naira

MOHAMMED LADAN TSAMIYA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Benue State sitting in Makurdi Division in its original jurisdiction in suit No.: MHC/158/96 delivered on 20/3/1998.

The Plaintiff, (who is the Respondent herein) filed an action against the defendant (now Appellant herein) in the High Court (referred herein the trial court) claiming as follows:-

(a) N87,112.50 (Eighty Seven Thousand, One Hundred and Twelve Naira, Fifty Kobo) as unpaid accommodation fee for chalet No.: 205 at the rate of N250.00 (Two Hundred and Fifty Naira only) Hotel day/Night plus 15% Valued Added Tax (V.A.T.) from 14th August, 1995 to 15th July, 1996, the two dates inclusive.

(b) N250:00 (Two Hundred and Fifty Naira only) plus N37:00 (Thirty Seven Naira only) VAT, totaling N287:50 (Two Hundred and Eighty Seven Naira, Fifty kobo) per Hotel day/night from and including 16/7/96 till judgment is delivered and complied with.

(c) A Declaration on th…

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