(2014) JELR 40008 (CA)    

Court of Appeal  ·  CA/J/223/2008 ·  26 Feb 2014 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria CHIOMA E. NWOSU-IHEME Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
credible evidence
lower court
rent tribunal
defence of res judicata
suit no. m
following cases
high court
borno state rent tribunal
decision of the lower court
following conditions
previous decision
submission of the learned counsel
tijjani abdullahi
trial court
13th day of september
1st issue
2nd issue
above submission
appellant mr. oru of counsel
borno state
chief emmanuel bello
chioma e. nwosu-iheme j.c.a.
contention of the learned counsel
decision of the high court of justice maiduguri
declaration of the right of possession
eighth edition
facts of the case
first issue
first port of call
ibrahim shata bdijya
independent national electoral commission
ingredients of the defence of res judicata
j. jilantikira
leading judgment
learned trial judge
occupation of a house being
paragraphs a-f
purpose of this concurring opinion
second issue
suit no. mrt
support of the said issue

TIJJANI ABDULLAHI, J.C.A. (Delivering the leading Judgment): This is an appeal against the decision of the High Court of Justice Maiduguri, Borno State delivered by J. Jilantikira (J) on the 13th day of September, 2007 in which the Appellant's case was dismissed based on the defence of Res Judicata raised by the Respondents.

The facts of the case briefly are that: The Appellant as Plaintiff before the trial Court took out a writ of summons against the Respondent wherein he sought amongst other reliefs a declaration of the right of possession and occupation of a house being, lying and situate in Bulabulin ward, Maiduguri.

Initially, learned Counsel to the Appellant distilled two issues for determination from four grounds. However, on the day the appeal was argued, he applied to withdraw the 1st issue and the arguments canvassed in support of the said issue. The application for the withdrawal of the same was not opposed. And for not being opposed both the issue and the arguments were ex…

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