(2001) JELR 44311 (CA)    

Court of Appeal  ·  CA/PH/46/96 ·  26 Mar 2001 ·  Nigeria
Other Citations
Wakwah v. Ossai (2002) 2 NWLR (Pt.752)548
Wakwah v. Ossai (2002) 2 NWLR (Pt. 752) 548
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
originating summons
exhibit a
port harcourt
trial judge
arrears of rents
obi eze
counter affidavit
fifth issue
high court registry
interlocutory appeal
notice of appeal
order of this honourable court
refusal of the learned trial judge
chief uche
first issue
records of appeal
second issue
vacant possession of the premises
attorney-general of lagos state
case file
contentious issues
court of appeal no. ca
default of such payments
denial of fair hearing
document exhibit
full agreement
great miscarriage of justice
hearing of the originating summons
instance of defence counsel
judgment of ichoku j.
leading judgment
main issue
means of an originating summons
nature of the claim
pendency of the appeal
reply brief
right of defence
rivers state high court
said court
such procedure
suit no. phc

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ichoku J. (as he then was) of the Rivers State High Court holden at Port Harcourt, delivered on 9/6/93 and 3rd February, 1993 in suit No. PHC/312/92.

By originating summons, the respondents claimed against the appellants who were tenants in his property situate at No. 61 Ikwerre Road, Port Harcourt the following relief:

"An order of this Honourable Court directing all the defendants to pay their arrears of rents and mense profits into the High Court Registry forthwith and in default of such payments to deliver up vacant possession of the premises forthwith."

The appellants' case put briefly is that they were tenants at No. 61, Ikwerre Road, Port Harcourt, which property is in dispute between one Chief Uche (the builder and the owner of the house) and the respondent (who claimed to have acquired the house through an abandoned property deal). The dispute over the house is still pending before…

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