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PRINCE CYRIL AHANEKU & Ors V. NZE MICHAEL EKERUO & Ors

(2001) JELR 47480 (CA)

Court of Appeal  •  CA/PH/294/97  •  2 Apr 2001  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMAAKPIROROH JCA; AROYl JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court (G.I. Udom-Azogu, J.), sitting at Owerri. The appellants were the plaintiffs before the court below. They had started proceeding by way of judicial review against the respondents herein, challenging the action of the 2nd-4th respondents putting the 1st respondent forward and according him recognition, as the Eze. At one stage, a motion on notice was filed on behalf of the 1st respondent, urging the court below to strike out the appellants' application for judicial review on the grounds, that same was incompetent and statute-barred and the court lacked the jurisdiction to entertain it. The appellants in their turn, caused a notice of preliminary objection to be filed to the motion on notice on the ground, that the issue raised by it was in the nature of demurrer, which could only be raised in answer to pleadings or affidavit evidence.

On the day set for hearing, counseā€¦

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