VIANANA
V.
ESHAROBERT & ORS

(2018) JELR 38857 (CA)    

Court of Appeal  ·  CA/C/52/2017 ·  3 May 2018 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellant
law
preliminary objection
issue no.
2nd respondents
condition precedent
magistrates court
issues
objection
record of appeal
laws of cross river state
recovery of premises law cap
1st respondent
conclusive effect
ogbechie vs onochie
determination of the appeal
final court
first meeting
judgment of the high court of cross river state
rent matters
ruling of the chief magistrates court
statutory provision of the rent control
suit no. mc
1st respondents action
2nd respondents appeal
ajuwa vs spdc
appellants appeal
appellants brief
available lawful evidence
background facts
chief magistrates court
circumstances of this case
construction of a legal term of art
counsels address
decision of the chief magistrates court
execution of the order of this court
instant notice of appeal
interest of the innocent third parties
judgement of the trial judge of the court
leading judgment
learned judge
light of the case of ogunmilua vs ashaolu
present appeal
present appellant
progress of the appeal
ruling of this honourable court
said decision

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the judgment of the High court of Cross River State, holden at Calabar Judicial Division delivered on December 13, 2016. By the said decision, the Court below, coram M. O. Eneji, J; allowed the 1st and 2nd Respondents appeal, set aside the ruling of the Chief magistrates Court delivered on 03/09/14, and thereby ordered the Appellant and tenants to vacate the two shops in dispute and deliver same to the 1st and 2nd Respondents.

BACKGROUND FACTS

On June 21 2013, the present Appellant filed in the Magistrates Court, holden at Calabar Magisterial District, a motion on notice thereby seeking:

1. An order granting leave to the plaintiff/respondent to appeal against the ruling of this honourable Court in MC/MSC.42/2013 delivered on the 28th day of May, 2013.

2. An order staying the execution of the order of this Court made on the 28th day of May, 2013 in MC/MSC.42/2013 pending the determination…

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