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ROBINSON ONYEMA v. CHIEF BASIL EZEIRUKA

(2018) LPELR-45081(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 18th day of July, 2018

CA/E/618/2017


Before Their Lordships

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


Between

ROBINSON ONYEMA - Appellant(s)

AND

CHIEF BASIL EZEIRUKA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the judgment of the High Court of Anambra State, holden at Onitsha and delivered by M. N. Okonkwo, J.

At the trial Court, the Respondent, by his Writ of Summons and Further Amended Statement of Claim sued the Appellant and claimed as follows:
"a. A DECLARATION that the plaintiff is the bonafide owner in possession of the said shop or stall No: C843 Situate at Electronic International Market, Enugu/Onitsha Express way, Onitsha.
b. N200,000 being general damages.
???c. AN ORDER of perpetual injunction restraining the Defendant his agent, cohorts, servants, privies, assigns or by any person(s) whatsoever from disturbing, preventing and/or obstructing the plaintiff from peaceful use and occupation of the said shop No: C843 (supra) and/or doing anything inconsistent with the plaintiff's right in the said shop."

The Appellant equally counter-claimed vide his Amended Statement of Defence. In support of their claims, the parties fielded witnesses and tendered some documents in evidence at trial. Thereafter, the learned trial Judge, in his considered judgment, found in favor of the Respondent, granted his claims with the costs of Fifty Thousand Naira also awarded in his favour and against the Appellant. The counter-claim of the Appellant was consequentially dismissed. 

Dissatisfied, appellant appealed to the Court of Appeal.

ISSUES:
The Court of Appeal considered the competence Notice of Appeal, filed out of time and without leave of Court.
DECISION/HELD:
In conclusion, the appeal was struck out.


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