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MADAM UJUEKE ENEMUO (Chair person, Umuada-Umuchu) & ANOR v. ALOCHUKWU EZEONYEKA & ORS

(2016) JELR 37033 (CA)

Court of Appeal  •  CA/E/38/2003  •  4 Feb 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State, Aguata Judicial Division delivered by Honourable Justice C. O. Nweke in suit No. AG/M.14/99 on 21st September, 2001. The appellants herein were the 2nd and 3rd respondents in the suit which was a Fundamental Human Right Enforcement Proceedings. The respondents who were the applicants at the Court below applied by a motion on notice pursuant to the leave of the Court granted on 22nd June, 1999 for the following reliefs:

"1. A Declaration that the action(s) of the Respondents jointly and severally by themselves, agents, servants, privies by imposing order of Banishment on the applicants by the Second and Third Respondents in their capacities as Chairperson of Umuada Umuchu and Secretary respectively of the same and forcible ejection of the Applicants from their Country Home at Ugwuakwu Village, Umuchu and not allowing them to visit their home …

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