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ODOEMELAM & AMADIUME & ANOR.

(2007) JELR 33846 (CA)

Court of Appeal 6 Jun 2007 Nigeria
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Case Details

Suit Number:CA/C/133/2004
Judges:NWALI SYLVESTER NGWUTA; Justice of The Court of Appeal of Nigeria JEAN OMOKRI; Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Counsel:Innocent C. Ovat, Esq. For Appellant M. Alphonse, Esq. For Respondent

NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered in suit No. FHC/CA/CS/25/2003 by Ajakaiye, J. of the Federal High Court. Calabar division on 7th Oct., 2004.

The appellant operated a bar/shop between the "awaiting and departure lounges" at the Margaret Ekpo international Airport, Calabar as a tenant of the respondents. The respondents initiated the process of ejecting the appellant and terminating the tenancy with the letter No FAAN/500/CAL/Vol. 12 of 16/9/02 addressed by the respondents to the appellant. It appears the process was concluded in Feb. 2003 at the refusal of the respondents to allocate another shop/Bar to the appellant.

Aggrieved by the termination of his tenancy, the appellant issued a writ of summons on 17/3/03 on which were endorsed the following claims jointly and severally against the respondents (then defendants).

"1. An order declaring that the defendants' sudden termination of the plaintiff's tenancy of the bamboo …

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