GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria
PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
order of certiorari
notice of appeal
annual rental value of the premises
arrears of rent
cheque of n20,000
grounds of appeal
judgment of the magistrate court
dr. m.a. okunyade
error of law
judgment of the senior magistrate grade
suit no. mca
true copy of a document
warrant of possession
affirmative evidence of the annual rental value
civil monetary jurisdiction of n15,000
copies of the summons
high court of lagos state
judgment of senior magistrate grade
litany of superior authorities
respect of the premises
see ayinla v
submission of the learned counsel
support of the motion
support of the motion exparte
GALADIMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Rhodes-Vivour J. of the Lagos State High Court delivered on 14/2/97 No. CA/2/97 quashing the judgment of Senior Magistrate Grade 1 delivered on 24/10/96 in Suit No. MCA/1654/96 together with warrant of possession dated 6/11/96.
The appellant, as plaintiff in the Magistrates' Court claimed for possession, arrears of rent and mesne profit in respect of the premises known as NO.12 - 14 Ashanti Street Apapa, Lagos State. The case was undefended and judgment was given in favour of the plaintiff and execution of warrant of possession was carried out.
The respondent thereafter brought an application in the High Court for order of certiorari to quash the judgment of the Senior Magistrate Grade 1, including the warrant of possession on the ground that the court exceeded its civil monetary jurisdiction of N15,000 in respect of annual rental value of the said premises.
The High Court granted the order of ce…
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