(2012) JELR 46158 (CA)    

Court of Appeal  ·  CA/IL/20/2011 ·  2 Jul 2012 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBARA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
rules of court
trial information sheet
civil procedure
learned counsel
3rd defendants
kwara state high court
miscarriage of justice
trial judge
considered view
lower court
trial conference notice
14th day of january
1st defendant statement of defence
attention of the learned trial judge
brief of argument
chief owolabi folorami
claim of the claimant
court holds
facts of the case
filing of pleadings
interlocutory ruling of the high court of justice kwara state
issue of facts
judgment of the court
judgment of this court
kwara state
leading judgment
letter of the 2nd defendant
lone ground
mr. d. oye ogunyemi esq
necessary repairs
notice of appeal
ruling of the learned trial judge
said application
service of the order
single issue
statutory provisions
trial stage

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory ruling of the High Court of Justice Kwara State holding at Ilorin, Coram, M. A. Akoja (J) delivered on 14th day of January, 2011, which, dismissed the claim of the Claimant/Appellant at the pre-trial stage for, alleged non-compliance with the Statutory Provisions. The facts of the case that gave rise to the appeal under consideration, are that: The Appellant as Claimant at the Court below, filed a Writ of Summons dated 11th July, 2006 and amended Statement of claim against the Respondents as Defendants and claimed the following reliefs:

"(1) The claimant pray (sic) for recover of possession of the premises known and situate at Kwara Textile Industry Limited, No. 134 Muritala Mohammed Road, Ilorin.

(2) Payment of the rent arrears for the year 2004 July 2009 which is Five Million, Five Hundred and Fifty Thousand Naira (N5,550,000.00) only at the rate of N100,000 per month (sic).

(3) …

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