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NDIELI & ANOR
V.
EZE

(2016) JELR 48772 (CA)

Court of Appeal 13 Dec 2016 Nigeria
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- The Court of Appeal affirmed the decision of the trial court, holding that the landlord’s self-help eviction of the tenant was unlawful for failure to comply with statutory notice requirements under the Landlords and Tenants Law of Anambr

Case Details

Suit Number:CA/E/299/2010
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:B.C. Uzuegbu For Appellant Sir Ejike Ezenwa For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice J.J. Nweze of the Anambra State High Court in Suit No. HID/73/1999 delivered on 30/06/2010.

The Respondent by a Writ of Summons filed on 24/5/99 took out an action against the Appellants wherein he claimed as follows:-

a. A Declaration that the ousting/ejection of the plaintiff from possession of the 3 Bedroom flat and premises on the second storey (rear side) of No. 18 Endwell Street Nkpor by the defendants without due compliance with the relevant provisions of the Landlords and Tenants Law of Anambra State is unlawful, null and void.

b. Special damages of N333, 800.00 particulars of which are above

c. General damages of N1,000,000 (One Million Naira)

d. An order of Mandatory Injunction restoring the plaintiff to possession of the 3 Bedroom flat and premises referred to in paragraph 16(i) supra and in alternative to paragraph 27 (ii).

e. An order directing the defend…

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