MENAKAYA
V.
EJIOFOR

(2006) JELR 57700 (CA)    

Court of Appeal  ·  CA/E/200/96 ·  3 Apr 2006 ·  Nigeria
CORAM
RAPHAEL OLUFEMI ROWLAND JCA (Presided) SULEIMAN GALADIMA JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA
Core Terms Beta
respondent
appellants
evidence
notice of intention
1st defendant
2nd defendant
1st appellant
exhibit m
learned trial judge
defendants
learned counsel
respondent’s claim
college road
possession of the property
brief of argument
deed of sublease
evidence of the bailiff
lead judgment
respondent’s counsel
service of process
trial judge
validity of the order
2nd defendants of plaintiff
address of counsel
appellant’s issues
appellants’ second issue deals
award of n20,000.00 compensation
cross-examination
days’ notice
days’ noticeof intention
days’notices ofintention
decision of the lower court
defence of unjust enrichment
enugu judicial division
erroneous opinion of the trial court
evidence of pw2
exhibits t
fact of service of the notice
failure of the trial court
grounds of appeal
high court of anambra state nigeria
learned counsel a.n. anyamene san
owner’s intention
plaintiffto recover possession of his premises
plot no.
proper service of such notice
proper service of the notice
revised rent
trial judge right
uncontroverted evidence of pw2

GALADIMA JCA (Delivering the Lead Judgment): The respondent who was the plaintiff in the High Court of Anambra State Nigeria in the Enugu Judicial Division, claimed against the defendants now the appellants jointly and severally as follows: “1. Possession of the property with appurtenances situate at, known as and called plot No. 10 in block III or No. 22 College road, Ogui, New layout Enugu; 2. N20,000 (twenty thousand naira) compensation for use and occupation.” A Pleadings were ordered, filed and exchanged. At the hearing of the suit, each of the parties called witnesses to testify in support of their respective pleadings. A number of documents were tendered through the witnesses. After the address of counsel, in his judgment delivered on 24/3/ 94, learned trial Judge, found in favour of the plaintiff against the defendants jointly and severally. Defendants aggrieved by the decision of the lower court appealed to this court filingseven grounds of appeal to which they added five a…

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