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NICHODEMUS ANIKE v. ALFRED UGWU NSUDE & ORS

(2017) JELR 37615 (CA)

Court of Appeal  •  CA/E/62/2007  •  10 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA RITA NOSAKHARE PEMU JCA MISITURA OMODERE BOLAJI-YUSUFF JCA

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice I. A. Umezulike, Chief Judge of the Enugu State High Court in Suit No. E/435M/2003 delivered on 1/2/2006.

The facts that led to this appeal are as follows:-

The Respondents applied for an order of certiorari to quash the proceedings and judgment of the Customary Court, Enugu East sitting at Nike in Suit No. CCN/15L/2001 on the ground that the parties and the subject matter in Suit No. CCN/47L/2002 and CCN/15L/2001 at the Customary Court were identical and that judgment had been delivered in favour of the Respondents in Suit No. CCN/47L/2002 on 23/6/2003, as such the Court lacked jurisdiction to entertain and deliver the judgment in Suit No. CCN/15L/2001 on 21/7/03.

The learned Chief Judge considered the application for certiorari unmeritorious but did not dismiss it and made orders therein. Dissatisfied with the decision of the lower Court, the Appellant filed a No…

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