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MAZI SUNDAY EZUMAH v. P.C.A. NNAKUBA, ESQ. & ORS

(2017) JELR 38167 (CA)

Court of Appeal  •  CA/E/71/2010  •  3 Feb 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Mazi Sunday Ezumah whom I shall refer to as the appellant commenced proceedings before the High Court of Justice in Anambra State, holden at Ekwulobia in Aguata Judicial Division by an exparte application on 31st March, 2009 seeking leave to apply for judicial review by way of certiorari to quash the proceedings of the Customary Court, Umunze and sought an interim injunction and other orders against the Customary Court sitting at Umunze and the 2nd respondent. The applicant attached a statement to the application pursuant to Order 40 Rule 3(2) of the Anambra State High Court (Civil Procedure) Rules, 2006. Affidavits and verifying affidavits accompanied the exparte application. D.O.C. Amaechina, J., granted the orders on 7th April, 2009 paving way for the appellant to file a motion on Notice on 14th April, 2009 supported by affidavit and documentary exhibits. The appellant sought in the substantive suit the following reliefs:

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