How to Eject a Sub-Tenant Put in Possession by a Judgment Debtor

CASE TITLE: DANKOLI v. ABUBAKAR & ANOR (2023) LPELR-61126 (CA)
JUDGMENT DATE: 15TH SEPTEMBER, 2023
PRACTICE AREA: LANDLORD AND TENANT
LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the Recovery of Premises.

FACTS:
This appeal is against the ruling of the High Court of Kano State, which was handed down by Hon. Justice Dije Abdu Aboki.

On October 16, 2015, in Suit No. K/214/2011, Hon. Justice P.A. Mahmoud (now JCA) gave judgment in favour of the Plaintiff/Appellant against the Defendant/2nd Respondent. The appellant took steps to levy execution of the judgment to recover possession as declared and ordered by the Court. The writ of possession was issued under the hand of Hon. Justice Mahmoud J. (now JCA).

The judgment debtors and respondents filed a motion before Justice Aboki and sought the following reliefs:

• (1) An Order of the Hon. Court setting aside the series of executions dated 23/03/2017, 29/09/2017, 15/05/2018 and 01/08/2018 made in this case over shop No.109 Gidan Saidu Dankoli Kano at the instance of the Respondent/Judgment Creditor, being made without the order of this Court to do so.
• (2) An Order of this Hon. Court setting aside the series of executions referred to above for offending principles of law and justice.
• (3) An Order of this Hon. Court directing the deputy Sheriff of this Court or all Nigerian Police to restore possession to me or to my landlord (Alhaji Ali Maitangaran), the possession he lost against the principles of law and justice.
• (4) Such further order(s) as this Court deems fit to make in the circumstances of this case.

The motion was granted. Displeased, the appellant appealed.

ISSUES FOR DETERMINATION:
The issues resolved in the appeal were:

1. Was the 1st Respondent’s Application (Motion) filed on 10/11/2018, which the trial Court granted (resulting in this Appeal) competent and within the jurisdiction of the Court?
2. Was the decision in the substantive suit (which resulted in the execution order appealed against) executory or declaratory?

DECISION/HELD:
On the whole, the Court of Appeal allowed the appeal.

RATIOS:
• LANDLORD AND TENANT – RECOVERY OF PREMISES – Whether a judgment creditor who obtained an order of recovery of premises against a judgment debtor must file a separate suit to eject the tenant/sub-tenant/privy put in possession by the judgment debtor
• JUDGMENT AND ORDER – REVIEW OF JUDGMENT – Whether a Court can review its own judgment or judgment of a Court of co-ordinate jurisdiction

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