BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Ede vs. Rent Tribunal Court 4
  • 189
  • 2004-01-12
  • ₦ 200
  • Buy Now

Ede vs. Rent Tribunal Court 4

VICTORIA EDE

V

RENT TRIBUNAL COURT 4

FRANK OKOLI

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided )

MAHMUD MOHAMMED, JCA 

JOSEPH JEREMIAH UMOREN, JCA ( Read the Lead Judgment )

CA/K/96/2000

FRIDAY, 6TH JUNE, 2002

ADMINISTRATIVE LAW - Judicial review -  Application for order of certiorari based on error of law - Attitude of court thereto - When based on defects other than error of law - Whether extraneous evidence will be required

COURT - Competence of court - Condition precedent

COURT - Complaint against variation in the bench - Whether goes to the jurisdiction of the court

COURT - Judicial review - Application for order of certiorari based on error of law - Attitude of court thereto - When based on defects other than error of law - Whether extraneous evidence will be required

COURT - Rent Tribunal - Improper constitution of - Effect

COURT - Rent tribunal - Two members sitting without the chairman  Whether can constitute a quorum

COURT - Rent Tribunal -  Whether vacancy in section 7(7) of Rent Control and Recovery of Premises Law of Kaduna State postulates absence of chairman or member from the panel

JURISDICTION - Complaint against variation in the bench - Whether goes to the jurisdiction of the court

LANDLORD AND TENANT - Rent Tribunal - Two members sitting without the chairman  - Whether can constitute a quorum

LANDLORD AND TENANT - Rent Tribunal - Whether vacancy in section 7(7)  of Rent Control and Recovery of Premises Law of Kaduna State postulates absence of chairman or member from the panel

PRACTICE AND  PROCEDURE - Judicial review - Application for order of certiorari based on error of law - Attitude of court thereto - When based on defects other than error of law - Whether extraneous evidence will be required

STATUTE - Rent Control and Recovery of Premises Law of Kaduna State, section 7(7) - The word ‘vacancy’ therein - Whether postulates absence of chairman or a member from the panel TRIBUNAL - Rent Tribunal - Improper constitution of - Effect

Issue:

Whether the learned trial Judge was right in holding that in the absence of a counter-affidavit to controvert the respondents’ averment at paragraph 3(a) of their counter-affidavit the applicant/ appellant application must fail.

Facts:

The appellant herein filed a suit at the Rent Tribunal as  plaintiff for recovery of premises and mesne profit against the respondents as defendants. The Tribunal at the conclusion of hearing gave judgment against the appellant dismissing her claim for mesne profit in that it was not before the Tribunal.

The appellant being dissatisfied with the decision of the Tribunal applied to the Kaduna State High Court by way of judicial review to bring the said decision to the High Court for the purpose of quashing it. Having heard the application, the Judge of the High dismissed the appellant’s application.

Dissatisfied with the judgment of the Kaduna State High Court, the appellant has brought this appeal.

The Court of  Appeal considered provision of section 7(6) and 7(7) of the Rent Control and Recovery of Premises Law of Kaduna State 1990, which  provides thus:

Section 7(6) “The Chairman and any one member of the tribunal shall constitute a quorum”

Section 7(7) “No proceedings of the Tribunal shall be rendered invalid by reason of any vacancy among members or by reason of any defect in the appointment of any member”