Ese Akpokiniovo V. Air Liquide Nigeria Plc. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI J.C.A., (Delivering the Leading Judgment)

This is an appeal against the judgment of Delta State High Court sitting at Effurun. The facts leading this appeal are that:

the action originated at the Magistrate Court 1 Effurun, registered as Suit No: ME/56/2005, by way of the Appellant’s claim seeking the recovery of the possession of a piece and/or parcel of land “measuring 16331.25 square meters” which is in actual possession of the Respondent under a duly executed lease agreement together with mesne profits.

The Appellant got judgment in their favour at the said Magistrate Court.

Then dissatisfied with this judgment, the Respondent appealed from the judgment to the High Court of Justice, Effurun. Arguments were heard and the judgment of the said Magistrate Court given on 26/10/2006 was set aside by Hon. Justice G.E. Gbemre in a well considered judgment hence this appeal.

In line with the procedure of this court briefs were exchanged.

On the hearing date of this appeal Odigume Esq of counsel to the Appellant identified his brief filed on 21/7/08 was adopted and relied on.

The Respondent was not present in court but his brief dated 29th of April, 2010 filed on 29/4/10 was taken as having been argued.

The Appellant’s Notice and grounds of appeal, contained 5 grounds of appeal quoted hereunder without particulars –

GROUND 1

The learned Hon. Judge erred in law when he Assumed Jurisdiction to hear the appeal even on the Respondent’s failure on record to entirely meet the conditions of Appeal from the Magistrate court I Effurun.

GROUND 2

The learned Hon. Judge erred in law when he assumed jurisdiction to hear an appeal, the subject matter for which an execution has been carried out on record before the breaking of the seal by the Respondent, in the absence of a prayer to set aside the execution.

GROUND 3