A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): The suit from which this appeal emanated originated in the Rent Control , Calabar, Cross River State, which ordered the appellant then the defendant to give up possession of House No. 3B Archibong Eso Lane, Calabar, in suit No. CRT/17/97. The respondents had instituted an action for arrears of rent and to recover possession from the appellant, who was his tenant. The appellant sought that the judgment be set aside, but she did not wait for the application to be heard when she filed an application for certiorari in the High Court , seeking that the judgment in CRT/ 17/97 be quashed, and she restored to possession of the premises. She granted leave and restored to possession by order of the High Court . Consequently, the respondent filed and moved an application to strike out suit No. C/MSC68/98 in which she sought for leave for an order of certiorari, but the trial Judge dismissed the application. Unhappy with the turn of event, t…
IYOHO
V.
EFFIONG
(2007) JELR 33363 (SC)
Supreme Court 27 Apr 2007 Nigeria
BriefBot Summary
- The dispute arose when the appellant, a tenant at 3B Archibong Eso Lane, Calabar, lost possession in proceedings for recovery of arrears of rent before the Rent Control Court, Calabar, which delivered judgment against her (Suit No. CRT/17
Case Details
Suit Number:SC.326/2001
Judges:UMARU ATU KALGO Justice of The Supreme Court of Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and unrepresented For Appellant
Respondents absent and unrepresented For Respondent
Other Citations:Iyoho v. Effiong (2007) 11 NWLR (Pt.1044) 31 (2007) 4 S.C. (Pt III) 90 (2007) 4 S.C. (Pt III) 90
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