At the High Court of Anambra State, Onitsha Judicial Division, the appellant herein, (as plaintiff), took out a writ of summons against the respondents in this appeal, (as defendants). He sought declaratory and restorative reliefs. He, equally, claimed reliefs for special and general damages.

Pleadings were settled and exchanged. In their defence, the respondents, (as defendants), pleaded noncompliance with section9 of the Actions’ Law, Cap. 3, Laws of Anambra State. The trial court, upon being addressed by counsel, made findings of fact. It found for the appellants, (plaintiff thereat). At the High Court of Anambra State, Onitsha Judicial Division, the appellant herein, (as plaintiff), took out a writ of summons against the respondents in this appeal, (as defendants). He sought declaratory and restorative reliefs. He, equally, claimed reliefs for special and general damages.

The respondents herein, (as defendants), appealed against the said judgment to the Court of Appeal, Enugu Division: which court, upon allowing the appeal, struck out, the plaintiff’s suit. The plaintiff, now appellant, has approached this court requesting it to set aside the judgment of the lower court. Before proceeding with the issues for determination of this appeal, a brief factual background to this appeal would not be out of place.

With the passage of time, the parties could no longer maintain and sustain the relationship. The plaintiff’s case was that sequel to the intermittent increment in rents, he pleaded with the defendants to be allowed to vacate the premises. According to him, they, (the defendants/ respondents), not only refused the request, they made efforts to eject him out of the shop by force.

He alleged that the respondents, the second respondent in particular, hired fifteen armed thugs. These thugs, all armed with dangerous weapons, he further alleged, invaded the said shop on March 4, 2005. They, he maintained, forcefully, ejected him from the shop. They, according to his averments, damaged several electronic gadgets, films, including master tapes of two DV camera cassettes belonging to him. He, it was further alleged, was viciously attacked and wounded with a matchet by the second respondent who came in company of the thugs.

His reaction was to rush to the Central Police Station, Onitsha, where he lodged a complaint of the incident to the DPO and the DCO of the station who failed to stop the respondents. On his return to the said shop in the evening, the shop was empty. The remnants of his goods were scattered all over the place.

As indicated earlier, upon the lower court striking out the suit, the plaintiff appealed to this court.