Mr. Mike Amakeze V. Mr. Chief Abel Onwudiwe & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On the 14th of September, 2006, the appellant herein as plaintiff filed a writ of summons commencing Suit No.HID/193/2006 in the High Court of Anambra State, Idemili Judicial Division at Ogidi against the respondents herein, as defendants claiming for :-

(a) A declaration that the plaintiff is a yearly tenant of the 1st defendant, at the 1st defendant’s property situate at and being No. 18 Endwell Street Nkpor, and is accordingly entitled to six months notice, before he could be ejected from the premises.

(b) A declaration that the statutory notices (One month, & 7 days) purportedly issued and served on the plaintiff through posting by the 2nd defendant on the 29th April 2005, is void and of no effect whatsoever.

(c) A declaration that suit No.MID/953/2005 Chief Abel Onwudiwe thru attn. B.C. UZUEGBU & ANOR VS. MIKE Amakaeze, together with the judgment and orders made therein, are illegal, void & of no effect whatsoever, by reason of lack of jurisdiction by the learned Chief Magistrate to entertain the suit.

(d) A declaration that the payment by the plaintiff of his 2005 annual rents to the 1st defendant’s attorney, which was accepted by the said attorney, nullifies completely the statutory notices purportedly issued and served on the plaintiff in April 2005.

(e) A declaration that ejection proceedings cannot be commenced against the plaintiff by the 1st defendant’s attorney in the absence of valid statutory notices.

(f) An order setting aside the judgment and orders made by the learned chief Magistrate against the plaintiff in suit No.MID/953/2005.

(g) An order commanding the defendants to restore all the plaintiff s properties as listed in paragraph 16 above, which they carted away on the 9th day of June 2006, in perfect condition.

OR THE ALTERNATIVE

The sum of N791,500.00 & 500,000.00 cfa (Cameroonian currency) being the total value of the aforesaid plaintiff’s properties carted away by the defendants.

(h) The sum of N2,000.000.00 being general damages against the 1st defendant for breach of contract of tenancy.

All parties filed and exchanged their respective pleadings accompanied by their witness statements on oath and other documents. On the basis of all these, viva voce evidence was given by all parties and their witnesses. At the conclusion of trial, the said High Court per J. I. NWEZE. J. on the 12th of September 2007″ rendered judgment, declaring the Judgment and orders of the Chief Magistrate Court Ogidi in Suit NO.MID/953/2005, (CHIEF ABEL ONWUDIWE VS. MIKE AMAKEZE) null and void and setting same aside, dismissing the claim for damages for having failed for lack of proof, dismissing the entire claim against the 3rd respondent with cost of N14,000 in his favour, and awarding cost of N14, 000 in favour of the appellant against the 1st respondent.

The appellant on the 6th of December, 2007 filed a notice of appeal dated 30th November, 2007 commencing this appeal No.CA/E/159/2008 against:-