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EZE-ELECT MICHAEL ASOTA v. GODWIN O. MADUMERE & ORS

(2017) JELR 37784 (CA)

Court of Appeal  •  CA/OW/157/2011  •  10 Jul 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision in the ruling delivered on 19/9/2009 by the Imo State High Court sitting in the Owerri Judicial Division presided over by Hon. Justice Nonye Okoronkwo (as he then was) (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

The Appellant as Plaintiff commenced the instant case in which he sought for the leave of the lower Court to apply for the declaratory orders and injunction re-produced hereunder by a motion ex-parte brought pursuant to Order 43 Rule 3(2) of the Imo State High Court (Civil Procedure) 1988. The declaratory orders and injunction sought by the Appellant as contained in the motion ex-parte filed on 6/4/2011 read thus:-

(i) A declaration that under the Traditional Rulers and Autonomous Communities Law No. 3 of 1999, the 2nd Respondent i.e. the Adviser to the Governor on Chieftaincy matters has no power to make recommendation…

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