Cookie Policy
UCHECHUKWU ONYEMENAM, J.C.A.(Delivering the Leading Judgment): This appeal emanates from the Ruling of the Bauchi State High Court, sitting in Bauchi, on 6th March, 2015, in Suit No: BA/223M/2014 by Hon. Justice Mohammed A. Sambo. With the leave of Court, the Appellant filed a Motion on Notice on 9th October, 2014. The motion brought pursuant to Order 43 Rules 5 and 6 of the Bauchi State High Court (Civil Procedure Rules) 1987; sought for the following reliefs:
1. AN ORDER quashing or setting aside the proceedings and Order of the Upper Sharia Court II, Bauchi made on 15th September, 2014 in suit No. CVF/55/2007 between Isah Jibrin and late Malam Barau (Heirs) for want of fair hearing and jurisdiction.
2. A DECLARATION that the enrolled Order of the Upper Sharia Court II, dated 15th September, 2014 and the purported execution of the Order against the Applicant is null and void ab intio, same having been made without jurisdiction.
3. AN ORDER SETTING ASIDE PURPORTED EXECUTION of the judgm…