(2018) JELR 38834 (CA)    

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

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