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OKECHUKWU NMEREKE ANYATONWU & ORS V. ROSE EZEDU & ORS

(2018) JELR 35380 (CA)

Court of Appeal  •  CA/OW/151/2014  •  20 Feb 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
NNAMDI AHUNANYA ESQ For Appellant C.D. NWARUNGWA ESQ For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court, in Suit No. HOB/10/2010, delivered on 30/9/2013 by Hon. Justice Ory Zik Ikeorha, wherein the learned trial judge granted all the reliefs sought by the Claimants in their claims for judicial review by way of prohibition.

At the Lower Court, the Claimants had sought, by way of Judicial Review:

(1) An order of prohibition by this Honourable Court against the proceedings at the Customary Court Uhie Osaa Ukwu in Suit No. CC/UH/31/2001 Okechukwu Mmereke Anyatonwu and Ors v. Rose Ezendu and 2 Ors.

(2) An order of the Honourable Court restraining the Chairman and members of Customary Court, Uhie Osaa (sic) Ukwu from continuing in the said Suit No. CC/UH/31/2001 Okechukwu Mmereke Anyatonwu and Ors v. Rose Ezendu and 2 Ors.

(3) An order of this Honourable Court declaring as null and void Suit No.CC/UH/31/2001 Okechukwu Mmereke Anyatonwu and Ors v. Rose Ezendu and 2 Ors as same i…

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