(2000) JELR 44082 (CA)    

Court of Appeal  ·  CA/B/153/95 ·  6 Apr 2000 ·  Nigeria
Other Citations
Ndefo v. Obiesie (2000) 15 NWLR (Pt.692)820
Ndefo v. Obiesie (2000) 15 NWLR (Pt. 692) 820
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
2nd respondents
delta state
set aside
6th defendant
amendment of the pleadings
cause of action
good faith
leading judgment
said execution
3rd respondent
lower court
1st-5th defendants
5th defendants
act of the defendant
civil liability
competency of the action
following cases
judgment of the court of competent jurisdiction
laws of the bendel state of nigeria
original grounds of appeal
premature levying of execution
suit no.w
writ of possession
wrongful authorisation of the execution of the said order
30th day of june
3rd defendant
attorney-general of delta state
bailiff of court
case of guardian newspapers limited
contemplation of the edict
focal point
joint statement of defence
judgment of the learned trial judge
judgment set
justice court of appeal state
leave of court
main issues
order of possession
preliminary issue of law
result of the illegal execution
said 31st july
said act
statutory provision
tenant of the 1st defendant
validity of such clause
warri customary court
warri high court

AKAAHS, J.C.A. (Delivering the Leading Judgment): The focal point in this appeal is whether the appellant disclosed a cause of action against the respondents in suit No.W/357/92 which he instituted at the Warri High Court. The facts which are quite straight forward may be briefly stated as follows:-

The appellant in this appeal was a tenant of the 1st defendant/respondent. Following the judgment by the Warri Customary Court 2, presided over by the 3rd defendant/respondent together with the 4th and 5th defendants/respondents as members in suit No.WACC/300/92 delivered on 30th day of June, 1992, the plaintiff/ appellant was ordered to vacate and deliver up possession of the two rooms he occupied as tenant to the landlord ON OR BEFORE THE 31ST DAY OF JULY, 1992. The plaintiff was evicted from the two rooms by the 6th defendant/respondent (Bailiff of Court) on 31st July, 1992 acting upon an order of possession signed by the 3rd respondent.

The plaintiff then sued the defendants in suit N…

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