Evang. Blessing Kingsley Ibeh (Formerly Evang. Blessing Joshua Okokon) v. Anietie Okon A. Nkpobutt (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Akwa Ibom State sitting at Uyo in suit No. HU/8A/2016 coram judice, Hon. Justice Augustine D. Odokwo delivered on the 9th day of March, 2018.

The decision of the lower court is by its appellate jurisdiction sitting on the interlocutory decision of the Rent Control Court in suit No. RC/U/221/2013 delivered on 22/9/2015.

The appellant was the defendant at the Rent Control Court and was dissatisfied with the decision of the Rent Control Court and appealed to the High Court (lower court). The decision of the lower did not go in favour of the appellant, hence this further appeal to this court.

Brief statement of facts

The appellant is a tenant at No. 50, Aka Itiam Road, Uyo. The original landlord of the appellant was the father of the respondent.

The respondent stated that his father long before he died handed over the property to him to manage and that the appellant and other tenants in the premises paid rent to him. According to the appellant, she rented the premises in 1999 and paid rent to Okon Asuquo Nkpobutt and the property was later shared amongst the siblings of Okon Asuquo Nkpobutt and the appellant in her evidence at the Rent Control Court claimed that she had three landlords as a result of the sharing of the property.

The respondent sued the appellant at the Rent Control Court for recovery of possession, arrears of rent and mesne profit. The respondent had closed his case after calling four witnesses and the appellant was leading her defence when her counsel raised a preliminary objection that the respondent did not have the locus standi to bring the suit.

The Rent Control Court ruled on the objection upholding the capacity of the respondent to bring the suit and the appellant appealed against the decision of the Rent Control Court to the High Court. The High Court also affirmed the decision of the Rent Control Court, thereby dismissing the appeal. The appellant has now further appealed to this court.

Issues for determination

The appellants counsel, Otu Inwang, Esq. formulated five issues for determination as follows:

i. Was the High Court correct to hold otherwise than the trite principles of law referred to in The Executors of the Estate of General Sanni Abacha (Deceased) V. Eke-Spiff (2010) 14 WRN 1; (2009) 7 NWLR 97 and section 1 of Administration of Estate Law Cap 2 Vol. 1, Laws of Akwa Ibom State, 2000. (Distilled from ground 2).

ii. The High Court failed to enter judgment in favour of the appellant on 2 issues raised and argued at the High Court which the respondent refused to join issues (Distilled from ground 5)

iii. Was the High Court correct to hold that the issue raised suo motu by the trial vourt did not require any response by parties or counsels in the particular instance (Distilled from ground 4)