CORAM

UDOMA , JUSTICE, SUPREME COURT

PARTIES

DR. HARRY EZIM       (Suing through his Attorney-Arc. David Moh)  APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The owner of the property originally known as Plot 1, workshop Avenue Layout, Enugu, later  re-designated as No 1a, John Nwodo Close, G.R.A, Enugu belonged to Mr. Gabriel E. Okiy who put the Respondent on the land as caretaker. The Respondent remained on the land until the death of Mr. Gabriel E. Okiy who left a will bequeathing the said property to his children. The property was subsequently sold to the Appellant pursuant to the execution of the Power of Attorney and a Deed of Assignment by the beneficiaries/ descendants of the deceased. Despite the transfer of title and in spite of protestations by the Appellant, the Respondent remained on the land after the sale hence the Appellant instituted an action at the High court of Justice, Enugu where he sought for an order of immediate possession of the entire property, the sum of N68, 000.00 as Mesne Profits for use and occupation of the property at the rate of N10, 000.00 per month from 1st December, 1995 – 31st June, 2001 and an injunction restraining the Defendant or his servants, agents and privies from remaining on the said property without the express permission and/or authority of the Plaintiff in writing. The Respondent did not make any counter-claim. The trial court entered judgment in favour of the Appellant. Dissatisfied with the trial court’s judgement, the Respondent filed an appeal before the court of appeal and judgement was entered in his favour. The Appellant has further lodged the instant appeal.

HELD

Appeal Allowed

ISSUES

?    Considering the non-service of the requisite and fundamental Court processes/hearing notices on the appellant by the lower court, whether the lower court is not bereft of jurisdiction to adjudicate on and determine the appeal before it, thus rendering its judgment of July 10, 2007 null and void?    Considering the non-service of the requisite and fundamental Court processes/hearing notices on the appellant by the lower court, whether the lower court is not bereft of jurisdiction to adjudicate on and determine the appeal before it, thus rendering its judgment of July 10, 2007 null and void

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Court of Appeal Rules 2002.Evidence Act 2011 (as amended).High Court Rules of Anambra State 1988

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