(2000) JELR 43974 (SC)    

Supreme Court  ·  SC.107/94 ·  4 Feb 2000 ·  Nigeria
Other Citations
The Reg. Trustees., Living Christ Mission v. Aduba (2000) 3 NWLR (Pt.647) 14 (2000) 2 S.C 1
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
mba road
nnama v
suit no. mo
brother uwaifo
general damages
lower court
suit no.
abuse of court process
concurrent jurisdiction
declaratory judgment
special tenants
subject matter
argument of the appellants
case of theophilus nnama
cause list of the high court
corporation of the trinity house of deptford strond
determination of the issues
different situation
element of mala fides
ground floor
high court rules
high walls
late landlord mr. osita aduba
later action raises
leading judgment
learned trial judge
magistrates court onitsha
mesne profits of n200.00
much circumspection
onitsha high court
order of court
parties raises
refusal of the learned trial judge
respect of the premises
respect of the said tenancy
reverse course
security fence wall of the plaintiffs
stay of proceedings
stay of proceedings of that suit
strong argument
ultra vires
v george nwanebe
yearly tenancy of n2,400.00

UWAIFO, J.S.C. (Delivering the Leading Judgment): The respondents filed a claim in Suit No. MO/660/92 on 8 September, 1992 against the appellants as tenants at the Magistrates' Court. A yearly tenancy of N2,400.00 a year in respect of a flat and out-houses at No. 42 Mba Road, Inland Town, Onitsha had become a subject of dispute. The respondents sued for two reliefs, namely, (1) possession and (2) mesne profits of N200.00 a month from January 1, 1992 until possession was delivered up. Apparently, the tenancy had been determined by notice to quit which expired on 31 May, 1992.

The appellants proceeded to take out a writ of summons in Suit No. 0/390/92 on 2 October, 1992 at the Onitsha High Court against the respondents in respect of the said tenancy. The reliefs which I find pertinent to reproduce in full owing to their crucial relevance to this appeal were stated as follows:

"1. Declaration that the plaintiffs having been permitted by their late landlord Mr. Osita Aduba to erect addit…

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