JOYLAND LTD
V.
WEMABOD ESTATES LTD

(2008) JELR 57776 (SC)    

Supreme Court  ·  SC. 219/2002 ·  27 Jun 2008 ·  Nigeria
CORAM
DAHIRU MUSDAPHER JSC (Presided) SUNDAY AKINOLA AKINTAN JSC MAHMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC
Core Terms Beta
naira
jurisdiction
appeal
mesne profit
senior magistrate grade
lower court
notice of appeal
annual rental value
issue
learned trial judge
lagos state
lead judgment
muntaka-coomassie jsc
suit no. mca
court of appeal
laws of lagos state
superior court
exercise jurisdiction
issue b1
judgment of the senior magistrate grade
lagos state high court
magistrates’courts law
ruling of the high court of lagos state
2nd respondent
annual value
apapa chief magistrates’court
appellant’s learned counsel
briefs of argument
chief magistrate court
chief magistrates’ court
chief magistrate’s court grade ii
cumulative mesne profit
decision of the court of appeal
errors of law
final analysis
following notices of appeal
following principles
following reliefs
honourable court
judgment of his worshipa
judgment of mr. isaac
lagos
magistrates’ court grade
own views
provisions of section
respondent’s issue
said court
second issue

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Lagos delivered on 11 June 2001, in which the appeal before it was allowed. The ruling of the learned trial Judge Rhodes-Vivour J, as he then was, was set aside and judgment of the Senior Magistrate Grade 1 affirmed.

The appellant filed an ex parte motion before the Lagos State High Court to apply for an order of certiorari, to set aside the proceedings before the Magistrates’ Court Grade 1, Lagos State in suit No. MCA/1654/96.

The application was granted and the appellant subsequently filed a motion on notice in which he sought the following reliefs: “(i) An order of certiorari to remove into this honourable court for the purpose of it beingquashed, the proceedings, decisions, and judgment of Mr. Isaac, learned Senior Magistrate Grade 1 made on 24 October 1996 in a civil suit No. MCA/1694/96, including a warrant of possession dated 6 November 1996, plus an order …

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