CaseLaw
Mgbenwelu Vs. Olumba (2016) (CLR) 12 (f) (SC)
Judgement delivered on December 16th 2016
Brief
Facts
The Appellant herein occupied a floor in the house of the respondent situate and lying at No. 4 Wetheral Road, Owerri, Imo State. The yearly tenancy was for the sum of N 700,000.00(Seven Hundred Thousand Naira Only).
However, the Appellant was in arrears of rent which led to the demand of arrears in rent for three (3) years to no avail.
Due to the neglect and/or refusal of the Appellant to pay the arrears of rent, the respondent took action against same to recover possession of premises, arrears of rent, damages for breach of tenancy agreement and mesne profit.
Upon service, Appellant entered a conditional appearance and did not file a statement of defence.
Consequently, the respondent filed a motion for judgment in default of defence to which Appellant did not file a counter-affidavit.
The Appellant however filed a preliminary objection contesting the jurisdiction of the trial court to entertain the suit on the ground that no proper service was made on him of the writ of summons.
The motion for judgment in default for judgment came which counsel to the Appellant informed the court of the preliminary objection. Nevertheless, the trial court allowed the respondent’s counsel to move his motion for judgment.
In addition, the motion of the appellant’s counsel for adjournment was refused by the court because he was not ready to make a reply to the motion. Hence, the court adjourned for judgment.
Appellant moved several motions to stop the delivery of judgment which the court obliged. A third motion was moved to dismiss the suit on the ground that the writ of summons was not properly served on him.
The Court heard both counsel on the motion and ruled; dismissing the application delivered the judgment granting all prayers of the respondent except that of damages.
Aggrieved, Appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the decision and orders of the trial court.
Dissatisfied, Appellant appealed to the Supreme Court.