Chukwuma Ndieli & Anor V. Gilbert Eze (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice J.J. Nweze of the Anambra State High Court in Suit No. HID/73/1999 delivered on 30/06/2010.

The Respondent by a Writ of Summons filed on 24/5/99 took out an action against the Appellants wherein he claimed as follows:-

a. A Declaration that the ousting/ejection of the plaintiff from possession of the 3 Bedroom flat and premises on the second storey (rear side) of No. 18 Endwell Street Nkpor by the defendants without due compliance with the relevant provisions of the Landlords and Tenants Law of Anambra State is unlawful, null and void.

b. Special damages of N333, 800.00 particulars of which are above

c. General damages of N1,000,000 (One Million Naira)

d. An order of Mandatory Injunction restoring the plaintiff to possession of the 3 Bedroom flat and premises referred to in paragraph 16(i) supra and in alternative to paragraph 27 (ii).

e. An order directing the defendants to restore plaintiff’s household property and personal effect converted and being detained by them or give full value

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for their replacement.

The Appellants in reaction by the Statement of Defence filed on the 8/3/2001 denied the Respondent’s claim and counter-claimed as follows:

a. An order compelling the plaintiff to return the iron gate removed in the premises without the consent of the 2nd defendant or his agent valued at N30,000.00

b. N12,000.00 being arrears of rent for April to September, 1997

c. N500,000.00 (five hundred thousand naira) for the unlawful arrest, embarrassment and inconvenience occasioned on the 1st defendant when he was being led about in the street in chains.