TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the Defendant/Appellant against the decision of Abia State High Court sitting in Aba delivered on 22/9/2008 in suit No A/240/2008.
The Plaintiff at the lower Court had instituted an action against the Defendant claiming as per its writ of summons thus
The Plaintiff claims against the Defendant as follows:-
The sum of 17.5M (Seventeen Million Five Hundred Thousand Naira) only being five years rents for the years 2008 to 2013 (both years inclusive) in respect of the BANK BUILDING being lying and situate at EKEOHA SHOPPING CENTRE ABA ABIA STATE which the Plaintiff let to the Defendant pursuant to a tenancy Agreement |Executed by both parties in 1998.
Both the Plaintiff and the Defendant carry on Business in Aba within the jurisdiction of this Honourable Court.
The Plaintiff applied for an order entering suit No. 240/2008 for hearing under the undefended list and marking the writ …