TUMGE
V.
ADAMU

(2018) JELR 38834 (CA)

Court of Appeal · CA/YL/125/2017 · 13 Jun 2018 · Nigeria

CORAM

OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

court

appeal

case

parties

respondent

issue

suo motu

matter

modern market

fair hearing

notice of appeal

suit no. adsy

additional issue no.

brief of argument

chief judge

high court

jurisdictional issue

lower court

said issue

trial court

22nd march

ab initio

appellate high court judge

briefs of argument

case of the plaintiff

cases of recovery of premises

chief magistrate court no.

decision of the high court

decision of the trial court

full hearing

hearing of the appeal

issues

james shehu abiriyi

judgment of the high court of adamawa state

judgment of the trial magistrate

leading judgment

learned counsel

learned judges of the lower court

lower court judge

new magistrate

owner of shop no. q141

oyebisi folayemi omoleye

raise issues

saidu tanko hussaini

substantial justice

such further order

trial chief magistrate

uba ltd v. achoru

unanimous decision

wrongful occupation of shop no. q141

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Adamawa State delivered on the 14th February, 2017 in Suit No. ADSY/19A/2014 allowing the appeal brought before it.

The appellant was the plaintiff or complainant at the Chief Magistrate Court No. 5 Jimeta. His complaint against the defendant now respondent is for wrongful occupation of Shop No. Q141 located at Jimeta Ultra Modern Market, Jimeta. He sought for an order against the shop occupant that is, the respondent, to vacate it and for such further order the Court deems fit to make.

The matter went into full hearing before the new Magistrate on the 14th September, 2013.

The case of the Plaintiff/Appellant is that he is the owner of shop No. Q141 at Jimeta Ultra Modern Market which was allocated to him by the Ministry of Commerce, Adamawa State. He alleged that the respondent wrongfully occupied the shop in question. He filed evidence to establish the allocation of …

TUMGE V. ADAMU

TUMGE
V.
ADAMU